kevon.felmine@guardian.co.tt
Three days after rescuing her three-year-old son Jalil from the jaws of a raging dog, CassyAnn Dass is threatening to sue its owner for negligence and calling on him to pay for her son’s medical treatment.
Dass’ representative, Freedom Law Chambers, led by Anand Ramlogan SC, has issued a pre-action protocol letter to the dog’s alleged owner, Imran Solomon, calling on him to pay for Jalil to attend a private medical institution recommended by doctors at the San Fernando General Hospital (SFGH).
Guardian Media contacted Solomon yesterday, but he said had not received it.
The letter, written by attorney Robert Abdool-Mitchell, gives Solomon until November 21 to respond favourably. The letter claims Jalil was playing on the porch of his Barrackpore home around 2.20 pm last Saturday when the Akita/pot hound mixed dog viciously attacked him. Dass was just about to take her younger son to play on the porch when she heard Jalil scream. She walked outside and saw the dog on top of Jalil, biting into his face.
“My client initially froze in fright but her maternal instincts immediately kicked in, and she was forced to shrug off the trauma and shock of seeing her child’s face inside your dog’s mouth,” Abdool-Mitchell said.
The lawyer said Dass kicked the dog several times and it eventually turned its attention to her. She grabbed whatever objects she could find and threw them at the dog until it left her yard. She then picked up the boys and ran for help but the dog pursued. A neighbour came to her aid to get the dog to stop chasing. She then stopped a passing vehicle which took them to the Lengua Health Centre.
Due to the severity of Jalil’s injuries, staff transferred him to the SFGH, where he continues to receive treatment. The letter contends that Solomon did not show remorse or concern for Jalil following the incident and instead made several boasts about the outcome of the matter.
“Your unrepentant combination of arrogance and impunity has served to add insult to injury,” the letter claimed.
Abdool-Mitchell also wrote that when Barrackpore police contacted Dass, the officer was rude and unprofessional and added that he could refuse to take any report from her about the matter.
The chambers copied the letter to Commissioner of Police McDonald Jacob, demanding an investigation into the officer’s conduct, insisting that he investigates and takes disciplinary action.
Abdool-Mitchell also alleged there was an attempt to intimidate Dass into remaining silent.
The chambers said it got information that this was not the first time the dog had injured someone and it even attacked another child who escaped with minor injuries.
“Having regard to the injuries sustained by our clients, we have been instructed to file a claim against you in the High Court of Justice seeking compensation (including aggravated and exemplary damages) for the physical, psychological and emotional injuries sustained by Jalil and his mother as a direct result of your negligence.”
Jalil suffered deep lacerations to his face and is currently awaiting surgery at the SFGH.
Meanwhile, Dass remains traumatised and requires therapy.
Abdool-Mitchell said the chambers would send details of the injuries and conditions when they become available.
Among the grounds for negligence, Abdool-Mitchell said Soloman was fully aware the dog posed a threat to the safety of others in the community but took no adequate steps to secure it or ensure the safety of others. Solomon failed to ensure he secured his premises to prevent the dog from escaping. He also did not act promptly after receiving complaints about the dog and continued to harbour a dog with propensities to attack, knowing its previous attacks on people.