A businessman from central Trinidad has been ordered to pay a little over $40,000 in compensation to a former customer, who was attacked by a pack of dogs at his business. High Court Judge Margaret Mohammed yesterday ordered compensation for Lesley-Ann Andrews as she upheld her negligence lawsuit against Surish Ramlogan.
The lawsuit stemmed from an incident that occurred on December 5, 2018, at Ramlogan’s business, which is located off the Uriah Butler Highway in Charlieville. According to the evidence, Andrews went to return a toilet seat that she had purchased earlier that day.
She was walking to her car after completing the transaction when she heard barking and footsteps. She was surrounded by three dogs, one with a collar and the two others without. One of the dogs bit her on her knee, and all three attacked her as she fell to the ground. The attack only ended when a neighbour and Andrews’ husband, who was in the car, intervened and chased the dogs away.
She claimed that before she was taken for medical treatment, Ramlogan approached her, identified himself as the owner of the dogs, and offered assistance. Andrews, through her lawyers Lemuel and Stacey Murphy, filed the case against Ramlogan as she claimed that neighbours informed her that the dogs had escaped from his compound and attacked residents in the past. She claimed that he was negligent in failing to secure the dogs to prevent such attacks.
Ramlogan denied any liability as he claimed that the dogs were not his and were strays in the community. He also claimed that she was standing outside his premises when she was attacked. In deciding the case, Justice Mohammed ruled that she believed Andrews’ version of the event as opposed to Ramlogan’s.
She questioned why Ramlogan did not bring his wife, who was present, as a witness to buttress his claims. “I am entitled to draw the adverse inference that he did not call her as a witness as it was more probable that her evidence would have supported the claimant’s position,” Justice Mohammed said.
She also pointed out that he failed to supply CCTV footage of the incident. “The defendant’s failure to produce the recording from the security camera without any explanation entitled me to draw the adverse inference that he did not produce it as he was aware that it did not support his version but instead supported the claimant’s version that she was standing on his premises at the time of the incident,” she said.
Dealing with Ramlogan’s claim that the dogs were not his, Justice Mohammed noted that Andrews and her husband both testified that he (Ramlogan) called one of the dogs by name. She also said that he could have brought his neighbours to confirm that they (the dogs) were strays.
Justice Mohammed ordered Ramlogan to pay $3,732.18, which represents her medical bills. She also ordered $30,000 in general damages for Andrews. Ramlogan was also ordered to pay $9,933.05 in legal costs. Andrews was also represented by Lloyd Robinson. Ramlogan was represented by Kristen Bansraj and Richard Sirjoo.
—Derek Achong
