A dog owner will have to pay a woman bitten by her dog $2,500, 小蓝视频’s Civil Resolution Tribunal ordered Jan. 13.
Grace Nzibonera alleged Kelsey Ogston, agreed to pay, or should pay Nzibonera’s rent for a month as well as damages because the dog caused injuries that prevented her from working full time. Nzibonera claimed $5,000 as compensation.
Tribunal member David Jiang's said Ogston denied liability and said Nzibonera was responsible for her own rent and the $5,000 was disproportionate to Nzibonera’s income.
“She also says that Ms. Nzibonera still owes her $900 for the August 2023 rent and an unspecified amount for damage done to a garage door,” Jian said. “She says she was not Ms. Nzibonera’s landlord and had no ability to forgive the rent.”
The ruling said Nzibonera met the dog before she moved in.
“She says it jumped on her but did not injure her,” Jian wrote.
On July 1, 2023, Nzibonera moved in.
“The next day . . . , the dog attacked Ms. Nzibonera,” Jiang said. “Unprovoked, it bit Ms. Nzibonera’s face.”
Nzibonera was taken to hospital where staff stitched her eyelids and treated her chin for injuries.
Then, on July 5, 2023, Nzibonera was going inside when the dog escaped from Ogston and ran at her. Nzibonera ran away and fell, after which Ogston took Nzibonera to a clinic. She later went to the hospital.
“A July 5, 2023 medical imaging report and July 25, 2023 orthopedic clinic report indicate that Ms. Nzibonera suffered a left distal radius, or wrist, fracture from the fall,” Jiang said. “The report shows she had to wear a cast for up to six weeks.”
A July 6, 2023 police report indicates that animal control seized the dog on the night of July 5, 2023, and later euthanized it.
Nzibonera did not pay rent on Aug. 1, 2023, and, on Aug. 24, 2023, Ogston evicted Nzibonera and left her belongings outside. Ogston returned Nzibonera’s damage deposit on Aug. 26, 2023.
Jiang said Ogston knew the dog had a tendency to bite as a result of the first incident. He found Ogston liable in the case and that she had been negligent.
In the case of the second incident, Jiang found that, by failing to secure the dog, Ogston breached her duty to take reasonable care to keep Nzibonera reasonably safe.
“I find that Ms. Ogston caused the injury by failing to restrain the dog,” Jiang said.
