HDC to pay widower $400K in fatal mauling

ustice Frank Seepersad, in delivering a judgment, cited negligence by the Corporation in failing to respond in a timely manner to remove the dogs from the premises which could have avoided such tragic circumstances. The dogs , at the time of the attack, were on a portion of property which belonged to resident Darryl La Pierre under the HDC’s control. The judge said the Corporation knew that the dogs were dangerous and capable of causing injury as there were previous incidents where the dogs had attacked persons in the area. In addition, Seepersad said that as a consequence of the failure of the HDC to take action so as to prevent the presence of the dogs on Flamboyant Avenue, security was denied to the deceased woman and she was mauled to death in a horrific and tragic way.

It is the first time that such a lawsuit has been filed against the corporation. The case was filed by widower, Lionel Rackal, 54, of Indian Trail, Couva.

Denise Rackal was 47 years when she was mauled to death by four pitbulls on May 9, 2011. On that day, Denise was walking along Bengal Avenue, Edinburgh South Gardens, which is one of the HDC’s housing developments in Chaguanas, when she was attacked by the dogs named “Obama”, “Champion”, “Zola” and “Fella” which belonged to resident Darryl La Pierre, the occupier of a HDC lot at Edinburgh South Gardens. La Pierre was named as the first defendant in his lawsuit for negligence while the HDC was named the 2nd defendant.

There were also holes in the fences of the property which is where the dogs escaped.

Seepersad said the HDC failed to address the issue and took no steps to have the fence repaired nor did it mandate La Pierre to do so. In addition, he said no steps were taken by the HDC to have the dogs removed. The judge said that there were options available to the HDC which were not explored which could have prevented the tragedy. “The HDC had knowledge of the threat that the dogs posed and the substantial threat which these dogs posed was not fanciful or farfetched and the HDC had an obligation to ensure that common places such as Flamboyant Avenue was safe and to circumvent the evident danger,” he stated.

On the day in question, Denise was walking on her way to work when the dogs near Lot No. 65 on Flamboyant Street attacked and mauled her. The mother of two died after her Carotid artery was punctured by several bites and she bled out. Rackal, the widower, stated then that the HDC’s Programme Project Manager Christopher Booker, had spoken to La Pierre about the pitbulls. He also stated that former HDC managing director Jearlean John had stated in an interview, that La Pierre had breached his contract with the HDC as occupier, because no such dogs were allowed on the premises.

Damages were awarded for loss of expectation of life, loss of earnings for the lost years, pain and suffering along with other aggravated and special damages