Dog bite verdict

“Dad help me, the Rottweiler is going crazy”

Dog "Ernie" was put to sleep around two weeks ago. (symbolic image)

(Bild: Nothilfe für Hunde)

While playing with a ten-year-old girl, a young Rottweiler dog suddenly went berserk and bit the seven-year-old neighbor's daughter, causing her serious injuries. The father was convicted of grossly negligent bodily harm at Linz Provincial Court on Wednesday.

The ten-year-old daughter had played with the dog every day and trained it. "My daughter is only ten years old, but she already had 'Ernie' under control because she weighs a good 70 kilos and is 1.75 meters tall," said the accused father (48), who is a massively built man himself. 

Seven-year-old seriously injured
What had happened? The two-year-old Rottweiler dog had suddenly gone berserk while playing with the owner's daughter (10) in the garden of their home farm in Kirchberg ob der Donau (Upper Austria) and had bitten the seven-year-old neighbor's daughter several times. She suffered serious injuries to her shoulder as a result. She had to be flown to hospital in Linz by helicopter and operated on.

Above-average size doesn't matter
On Wednesday, the 48-year-old cab driver had to answer for grossly negligent grievous bodily harm. He should never have let the animal out alone with his daughter. "She could also be two meters tall, at ten years old she is not even allowed to ride her bike alone," emphasized the public prosecutor. The only good thing about the case was that the seven-year-old did not die, which could easily have happened. "Especially when the dog has already bitten her once, common sense tells you that!" 

Photos of the flesh wounds shown
The photos of the horrific injuries even made the media representatives present feel uneasy - the flesh wounds on the little girl's body look so deep and dangerous.

Animal defended
"We took 'Ernie' from a family where the father had just died. The mother had too much time on her hands with five children and a dog and wanted to give the dog away," explained the owner, who also has other dogs on the farm. "Of course I knew that she had bitten once before, but it wasn't malicious, it was the fault of another lady who had taken 'Ernie' before us. 'Ernie' got on really well with my daughter right from the start, obeyed her and was fixated on her," affirms the cab driver, whose wife owns the local farm. 

Daughter (10) also injured
His daughter called him during the bite attack and shouted "Dad help me, 'Ernie' is going crazy". The presiding judge countered: "During the interrogation a week after the accident, they still said: 'Ernie is going to kill me'", but the 48-year-old denies this. The daughter had also been injured, suffering a flesh wound and minor bite wounds herself. 

Jacket torn to shreds, blood running down
When the accused came out, the dog was already sitting next to his daughter. The seven-year-old victim had walked past him and into the house. "I had no idea what was going on. I only saw the torn jacket and that blood was running down her shoulder," says the fully confessed father, describing the moment of shock. They immediately called the rescue and waited for the helicopter. 

"Was a lovely animal"
Despite everything, the 48-year-old from Kirchberg ob der Donau defended the animal in court: "Ernie was a lovely animal and never meant any harm. She had a broken tooth in her mouth that was as sharp as a knife. That's how she got hurt so badly. My daughter misses her very much, and the girl next door keeps asking when 'Ernie' is coming back." But she won't be coming back, because in the meantime the animal has been put to sleep by order of the authorities.

Five months conditional imprisonment
The verdict was reached quickly: although the prosecution demanded an unconditional prison sentence for reasons of general prevention, the presiding judge decided on a five-month conditional sentence and a fine of 960 euros due to the confession and the family father's integrity.

Agreement with parents
This was also because the council had the impression that the owner had learned from the terrible incident: "It still weighs on me. It tears me up every time my daughter calls. Since then, only my wife and I go out with the dogs, no one else," said the 48-year-old. The parents of the injured girl and neighbors of the family withdrew their private party claim because they wanted to settle out of court. The verdict is final.