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Rio Grande do Sul court upholds indemnity for girl attacked by pitbull
The 6th Civil Chamber of the Court of Justice of Rio Grande do Sul (TJRS) has unanimously upheld a ruling ordering a pitbull owner to pay R$ 22,259.24 in compensation to a 12-year-old girl. The girl was attacked by the dog while walking home from school after the animal escaped from its residence.
The attack resulted in serious injuries, including a fractured right arm that required surgical intervention. The court-ordered indemnity includes R$ 15,000 for moral damages, R$ 7,000 for aesthetic damages, and approximately R$ 260 for material damages related to medication costs.
During the appeal, the defense argued that the dog was not responsible for the attack, citing discrepancies in coat descriptions and a lack of blood on the animal. However, Judge Gelson Rolim Stocker rejected these arguments, noting that witness testimony and photographic evidence confirmed the dog's identity. The judge also highlighted that the owner failed in his duty of custody, stating that the residence's walls were “extremely low” and “notoriously inadequate” for containing a large breed with high injury potential.
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Gelson Rolim Stocker · Tribunal de Justiça do Rio Grande do Sul