Labiche v Richardson (CS 48/2017) [2018] SCSC 8266 (25 September 2018)

Labiche v Richardson (CS 48/2017) [2018] SCSC 8266 (25 September 2018)

The plaintiff proved on a balance of probabilities that the defendant's dog bit him due to the defendant's failure to prevent the dog from roaming and to supervise it, resulting in liability for damages.

Citation
[2018] SCSC 8266
Parties
Plaintiff: Robert Labiche; Defendant: Edmond Richardson
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
25 September 2018
Case Number
CS 48/2017
Procedural Posture
Civil / Ruling
Outcome
Judgment for the plaintiff
Legal Topics
Liability for Animal Attacks, Damages for Personal Injury
Source Language
English
Tort Law Liability for Animal Attacks Damages for Personal Injury

Case Brief

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Parties

Robert Labiche

Plaintiff

Edmond Richardson

Defendant

Procedural Posture

Civil / Ruling

Legal Issues

  1. 1 Whether the defendant is liable for injuries caused by his dog biting the plaintiff
  2. 2 Whether the plaintiff is entitled to damages for injuries sustained

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant's dog bit him due to the defendant's failure to prevent the dog from roaming and to supervise it, resulting in liability for damages.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay the plaintiff Rs 375,350.00 as damages