Christine Baker did not realise that a casual visit to a neighbour’s house could result in the loss of a limb. Tom and Christine Baker have lived in Javea, on the Costa Blanca, for 25 years but, in May 2004, Christine was the victim of a savage attack by their neighbour’s Spanish Mastiff dog. Christine, who had gone to her neighbour’s home to reclaim some frozen food from his freezer, had telephoned him in advance, asking him to lock away his dangerous dog, ‘Cuqui’. Her neighbour met her at the gates to his home and told her it was safe for her to enter. After a brief chat, she was about to leave when the dog appeared from nowhere and latched on to her right arm with such ferocity that she could do nothing to help herself. The neighbour, a Caribbean man aged 80, who had failed to secure the dog properly, could do little to help. After being mauled for approximately eight minutes, Christine managed to escape the animal’s clutches by poking the fingers of her left hand into its eyes. The neighbour, rather than help her, fled the scene and was later found in hiding by Guardia Civil officers investigating the incident.
According to Tom, the laws in Spain are very strict regarding the keeping of dogs, especially breeds like the mastiff which are listed as ‘dangerous’. All dogs must be micro-chipped and should have adequate insurance cover for any such incident. “Stupidly, this man (very wealthy in his own right) had no insurance on the dog, or even third-party liability on his own home,” says Tom. “He didn’t believe in ‘wasting’ money!” Dogs listed on the dangerous breed list must also be registered and licenced by the council. The process is a fairly elaborate and lengthy one (including psychological and physical tests on the owner - to ensure they are suitable - and criminal record checks).
The laws of Spain also state that the onus is on the witness to call for help. This he also failed to do and it was left for Christine to struggle her way home and dial the emergency services. “I must say they provided an excellent, rapid, service.” Tom says.
In the absence of insurance cover, the Bakers had no option but to sue their neighbour, who had been a friend of theirs for four years. Three years later, in February 2007, the case was finally heard at a Denia court. In the meantime, Tom says, “My wife had no choice, after two different opinions from hospitals in Denia and Valencia, but to have her arm completely amputated at the shoulder.”
At the age of 60, it has been very difficult for Christine to adjust from being a healthy, active and lively woman to depending totally on her husband, for whom she had previously cared after he suffered a stroke in 1999. The court awarded Christine 338,000 euros, plus costs (estimated at 120,000 euros) and interest. She had previously turned down a derisory offer of 155,000 euros as it would not cover the cost of her care for the years ahead. Their neighbour lost a subsequent appeal at the Alicante High Court.To date, Christine has not received a single euro in compensation. According to Tom, the neighbour disposed of all his assets in Spain (including his house), moved any money he had off-shore and declared himself insolvent.“So the next step is a criminal fraud case,” says Tom, “possibly to be heard in Alicante within the next five months, or failing that, in Benidorm in possibly another two years time!” “Can you imagine our financial status after all this time? It beggars belief, as we have been obliged to pay for everything – carers, drivers, solicitors’ costs etc.” He says, “Stress and anxiety have certainly taken their toll on us both.”The Bakers are yet to see the light at the end of the tunnel and, despite the horrific nature of the attack on Christine, have had to contend with long-winded legal procedures that do little to ease their suffering and much to protect the guilty. Tom ended his plea with, “This is not justice, even by Spanish standards.”
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Posted in: Costa del Sol
