Posted: February 19th, 2013
A pizza delivery man, who suffered a finger injury when delivering promotional leaflets, has been awarded €7,000 in delivery man dog bit compensation after successfully appealing his case.
Arpit Khurana, aged 23, took his claim for a delivery man compensation after being bitten by an Alsatian-type dog belonging to Vincent and Bernie Fitzgerald of Portobello, Dublin, in October 2009. Arpit had to undergo a surgical procedure for his finger injury and a tetanus injection, after which he spoke to a solicitor in respect of claiming dog bite compensation for the injuries he suffered.
The dogs owners refuted Arpit’s allegations and, when the case was first heard in the Circuit Civil Court in February 2012, Mr Justice Deery ruled that Arpit had no legal right to put his hand through the letterbox to deliver the advertising material. Mr Justice Deery also therw out a claim by Arpit against his employers – Apache Pizzas Ltd.
However Ms Justice Iseult O’Malley, at the High Court in Dublin, permitted Arpit´s appeal on the basis that the flap at the rear of the mailbox did not extend the full depth of the aperture and commented “It seems to me entirely possible the dog in fact got its nose under the flap and managed to bite his hand.” She found that this was sufficient to prove that the Fitzgerald’s had been negligent.
The judge awarded Arpit €7,000 in delivery man dog bit compensation plus costs for his two court cases.