She broke her leg while running from a dog, won 677 thousand lira in compensation
In Samsun, a doctor was frightened by a Golden Retriever barking at her, fell, and broke her leg. Upon the doctor's complaint, the court sentenced the dog's owner to pay approximately 677 thousand lira in compensation.
İHA
Samsun resident and 61-year-old tradesman Bülent Petek adopted a Golden Retriever puppy 10 years ago after it was attacked by a pitbull in front of his shop. The dog, which he named 'Kont' and kept by his side at his shop and home, caused him trouble years later.
According to the allegations, the dog barked at Dr. Ferda Turutoğlu, who was visiting neighbors at their summer house on August 29, 2017. The doctor fell while trying to run away in fear and broke her leg. The female doctor filed a complaint against the dog's owners, Bülent and his wife Nuran Petek.
The Samsun 1st Civil Court of First Instance ruled in favor of Dr. Ferda Turutoğlu in the material and moral compensation lawsuit filed.
THE RULING WAS TAKEN TO THE APPELLATE COURT
Finding the plaintiff right, the court sentenced the Petek couple to a total of 465 thousand 976 TL in compensation, including 285 thousand 441 TL in material damages, 30 thousand TL in moral damages, 21 thousand TL in court and judgment fees, 1668 TL in filing fees, 6 thousand 515 TL in litigation costs, 44 thousand 816 TL in attorney fees, and 17 thousand 900 TL in attorney fees, along with legal interest.
The Petek couple took the decision to the appellate court. The request of the Petek family was not overturned by the 5th Civil Chamber of the Regional Court of Justice.
The appellate ruling ordered the 'rejection on the merits' of the defendant's appeal. The decision rendered by the Regional Court of Justice on February 29, 2024, stated, "As a result of the examination of the file, it was decided unanimously that the ruling is final in accordance with Article 362/1 of the Code of Civil Procedure (HMK) No. 6100."
Following the finalization of the decision, the plaintiff sent a foreclosure notice to the defendant for a total of 549 thousand 310 TL.
'WE HAD WARNED THE DEFENDANT SIDE WHO OWNED DOGS'
Ferda T.'s husband, Metin T., said, “I went outside after hearing a scream 5 minutes after my wife left the garden of the house. My wife had previously been frightened by dogs and made such screams a few times before. For this reason, we had warned the defendant side who owned dogs. When I arrived at the scene, I saw my wife crying. I did not see the dog, but my wife said the dog was Kont. My wife received treatment at a private hospital for this reason.”
Witness Niyazi K., a neighbor of the lawsuit and the plaintiff, stated in his testimony, “When Ferda Hanım screamed, we went to her. We saw the dog that attacked her running towards her. We knew the dog belonged to them. I saw the dog running towards her, and it was the dog named Kont belonging to Bülent Petek.”
'I HAVE NO CHANCE TO PAY THIS PENALTY'
Stating that he was sentenced to approximately 700 thousand TL including legal interest, defendant Bülent Petek criticized the court's decisions in a press statement.
Expressing that he had no fault or negligence in the incident in question and asking for help from the authorities to be retried, Bülent Petek continued as follows:
"A guest visiting the neighbor got scared of my dog, jumped over a wall, and broke her leg. When we heard a noise, we walked around the neighborhood with a flashlight. We saw Ferda Turutoğlu lying at the base of a tree with a broken leg. At the time of the incident, my dog was tied up in the garden. I have a guest and a witness. The lawsuit was filed in 2018, a year after the incident.
The other side filed a lawsuit claiming 'the dog bit me.' It is impossible for this dog to bite or chase anyone. The judges fined us around 700 thousand TL as a result of the lawsuit. I have no chance to pay this penalty. All my accounts have been frozen. I am locked out of every area. May God help us in the process ahead. I have not had any contact with the plaintiff side to this day. Because the incident has nothing to do with me.
It is a summer place, everyone has a dog at their door. How did she see that this animal was there at 9:00 PM on a winter evening? All Golden Retriever dogs look like each other. I think I am being slandered. What is our fault?
I have been through everything because of a dog case that has nothing to do with me. I am a severe heart patient. I still take care of my dog, and I am responsible for taking care of it. I am a great animal lover. I even take stray animals to veterinarians. I have no chance to pay this penalty. I want justice to be served and for the case to be reopened."