Understanding General Damages and Your Rights Under Common Law
Dog attacks can be deeply traumatic — physically, emotionally, and psychologically. While laws differ across jurisdictions, victims of dog attacks in countries that follow the common law system, like Cyprus (which draws on English legal precedent), have a clear legal pathway to claim compensation in civil court.
In this article, we’ll walk through the types of general damages you can typically claim after a dog attack, using a fictional case study to illustrate how courts may approach such a situation.
🐾 Case Study: The Attack on Maria and Her Dog
Maria, a 53-year-old woman living in Cyprus, was walking her dog on a public street when a large, unrestrained dog attacked. The attack was brutal — her dog was killed in front of her, and Maria suffered physical injuries and severe psychological trauma. She has Parkinson’s disease, which had been stable before the incident, but has since worsened.
Here’s what Maria could potentially claim in court, assuming she can prove her injuries and the owner’s liability is not in dispute.
💼 Legal Liability: Who’s Responsible?
In common law jurisdictions like Cyprus, dog owners can be held liable for injuries caused by their dogs if negligence is established — or if a statutory rule (like leash laws) was broken.
In Maria’s case, the dog was off-lead in a public space, which is illegal under Cyprus law. Liability is presumed unless the owner can prove they weren’t negligent — a reversal of the usual burden of proof.
💰 What Can Be Claimed: General Damages Explained
General damages refer to compensation for non-financial losses, including pain, suffering, and loss of amenity. They differ from special damages, which cover financial losses like medical bills or therapy costs.
Let’s break down the categories Maria may be entitled to claim.
- Psychiatric Injury – PTSD
Maria was diagnosed with Post-Traumatic Stress Disorder (PTSD), confirmed by a medical report, and is undergoing therapy. The trauma of witnessing her dog being killed, combined with the physical shock of the attack, has had a significant psychological impact.
How Courts Assess This: Courts use the Judicial College Guidelines (JCG) from England and Wales to classify PTSD injuries:
- Moderate PTSD (ongoing symptoms, good prognosis): €21,000 – €42,000
- Severe PTSD (chronic, life-changing): €59,000 – €105,000
➡️ In Maria’s case:
Given her symptoms are ongoing and the trauma is vivid but treatable, Maria’s claim would likely fall within the moderate range, closer to the higher end.
Estimated Award: €30,000 – €40,000
- Exacerbation of Pre-Existing Conditions (Parkinson’s Disease)
Maria had Parkinson’s disease prior to the incident. Since the attack, her symptoms have worsened. If a medical specialist can link the worsening to the stress and trauma of the incident, she may be entitled to additional compensation.
Legal Consideration: Common law allows for compensation when a defendant’s actions aggravate a pre-existing condition — often referred to as the “eggshell skull rule”.
➡️ In Maria’s case:
Assuming a neurologist confirms a mild but medically linked worsening, she may receive:
Estimated Award: €5,000 – €12,000
- Orthopaedic Injuries – Knee and Lumbar Spine
During the attack, Maria fell and injured her knee and lower back. These are diagnosed as soft tissue injuries expected to heal fully within a few months.
JCG Guidelines Provide:
- Minor lumbar spine injury: €2,000 – €6,000
- Minor knee injury: €2,000 – €5,000
➡️ In Maria’s case:
Assuming moderate pain and temporary mobility issues, she would likely fall in the middle-to-upper range.
Estimated Award: €4,000 – €9,000
- Emotional Trauma from the Loss of a Pet
Maria’s dog was her companion, and witnessing its death has had a lasting emotional effect.
The Legal Challenge: While UK and Cypriot courts recognise emotional distress, grief over a pet’s death is not usually compensable on its own. However, if it contributes to a recognised psychiatric injury — like PTSD — it is considered within that broader category.
➡️ In Maria’s case:
Her PTSD diagnosis includes the trauma of losing her pet, so the emotional impact is reflected in the psychiatric injury award.
📊 Final Estimated General Damages Range (Maria’s Case)
Type of Damage | Estimated Compensation (€) |
PTSD (Moderate) | €30,000 – €40,000 |
Aggravation of Parkinson’s | €5,000 – €12,000 |
Knee and Back Injuries | €4,000 – €9,000 |
Total Estimated Range | €39,000 – €61,000 |
⚖️ Final Thoughts: Proving Your Case in Court
To succeed in court, victims like Maria need:
- Medical reports from relevant specialists (psychiatrists, neurologists, orthopaedic doctors)
- Vet or police reports confirming the incident
- Legal representation familiar with Cyprus tort law and English case law precedent
Even without eyewitnesses, detailed documentation and medical evidence can build a strong case for compensation.
Conclusion: Justice for Dog Attack Victims
Dog attacks don’t just leave physical scars — they can alter lives. If you’ve suffered as a result of such an incident, know that the legal system provides avenues for recognition and reparation.
Whether it’s for PTSD, the aggravation of a medical condition, or physical injury, victims have the right to seek justice — and healing