A woman who is scared of dogs has lost a damages appeal arising from injuries suffered when she fled at the sight of a large bullmastiff-kelpie in her brother's lounge room.Ummm…
The dog, named Cougar, did not bark or run towards Mileva Novakovic, but she told a judge the animal moved towards her and scared her.And whose fault was that?
As she retreated she slipped and fell, which led to significant injuries requiring surgery that prevented her from returning to work for more than six months.
Ms Novakovic sued Cougar's owners, her brother, Michael Stekovic, and his wife, Snezana Stekovic, in the NSW District Court over the January 2008 incident at their Queanbeyan home.In the US, she’d probably have won! But clearly, they aren’t so gullible down under:
But the judge dismissed her case, finding that the risk of her suffering personal injury was not foreseeable and her reaction was unreasonable.Note that; not ‘a phobia’, or a ‘mental condition’. Just ‘unreasonable’.