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Injury and assault: defence and claim
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A dog attack and the duty of care
One case of The Criminal Chamber related to criminal services.
Supreme Court · Second Chamber (Penal) · 2024
ECLI:ES:TS:2024:3623
What the Supreme Court considered and decided
The court found gross negligence where a potentially dangerous dog, loose and without a muzzle, injured a child. It considered the duty to control the animal and the known risk to others.
What this helps explain
The penal qualification requires connecting the omission of precautions, the predictability of the attack and the harmful result.
Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.
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Understanding to Decide
Related legal terms
NegligenceSelf-defenceTreachery in the commission of an offenceDeliberate infliction of unnecessary sufferingCivil liability arising from an offenceBodily injuryPrivate prosecution by the victimReporting an offencePreliminary investigative proceedingsAbbreviated criminal procedureTrial hearingWitness reporting information received from othersCivil claim within criminal proceedingsAcquittal