11.08.2026 15:40
The Court of Cassation upheld the decision to pay Sebahat Karaman, who became 37 percent disabled as a result of a dog attack in Kırşehir, 437 thousand liras in material damages and 200 thousand liras in non-pecuniary damages. It ruled that the dog owners violated their duty of care.
The Court of Cassation upheld the decision to pay 437,156 liras in material damages and 200,000 liras in non-pecuniary damages to Sebahat Karaman (63), who was left with a 37 percent disability after a dog attack in Kırşehir in 2019. The Court of Cassation ruled that dog owners releasing their animals without taking necessary precautions such as chains and leashes constituted a violation of their duty of care and supervision.
SHE PUT HER DAUGHTER ON THE SCHOOL BUS AND WAS ATTACKED
On January 10, 2019, at around 07:00 in the Boztepe district of Kırşehir, Sebahat Karaman, who had put her daughter on the school bus, was attacked by a pack of dogs while returning home. Karaman, rescued by the intervention of neighbors, was taken to the hospital by ambulance. It was determined that Karaman suffered tissue loss in a part of her right ear auricle, part of her earlobe, and both arms. Following the incident, Karaman filed a compensation lawsuit against the dog owners.
DISABILITY RATE DETERMINED AS 37 PERCENT
The Kırşehir 2nd Civil Court of First Instance ruled that the defendants were 'strictly liable' under Article 67 of the Turkish Code of Obligations, which regulates the liability of the animal keeper. The court stated that Karaman's injury was not minor enough to be resolved with simple medical intervention, endangered her life, and that the lesions on her face and partial tissue loss in her right ear auricle constituted permanent scars.
LOCAL COURT ORDERED COMPENSATION
It was calculated that Karaman's disability rate was 37 percent, her temporary incapacity damage for 3 months was 6,062 liras and 70 kurus, and her permanent incapacity damage was 431,193 liras and 50 kurus. The court decided to pay Karaman a total of 437,156 liras and 20 kurus in material damages and 200,000 liras in non-pecuniary damages. Additionally, it was ruled that Karaman's spouse would receive 30,000 liras and the other 2 plaintiffs would each receive 10,000 liras in non-pecuniary damages. It was decided to collect the compensations from the defendants with legal interest accruing from the date of the incident.
ATTENTION DRAWN TO THE OBLIGATIONS OF THE ANIMAL KEEPER
The defendants' appeal against the decision was rejected on the merits by the 24th Civil Chamber of the Ankara Regional Court of Appeals. Following this, the defendants appealed the decision. The 3rd Civil Chamber of the Court of Cassation, which examined the appeal, stated that the person keeping the animal must take measures to prevent the animal from harming others and must show the necessary care.
The decision noted that for the animal keeper to be released from liability, they must prove that they showed the necessary care or that the damage could not have been prevented even if this care had been shown. The Court of Cassation ruled that allowing the dogs under the defendants' care to roam freely without taking necessary precautions such as chains and leashes, creating a danger to environmental safety, constituted a violation of the duty of care and supervision.
"SHE USED THE STICK TO DEFEND HERSELF"
The defendants' objection that Karaman provoked the dogs by waving the stick in her hand was also rejected. The decision stated that Karaman being outside in the morning hours and using the stick in her hand with the instinct to protect herself in order to prevent the dog attack were not of a nature to sever the causal link between the incident and the damage.
The Court of Cassation, stating that the expert report was suitable for inspection and that the awarded non-pecuniary damages were equitable, rejected the defendants' appeal objections. Thus, the 3rd Civil Chamber of the Court of Cassation unanimously upheld the decision of the 24th Civil Chamber of the Ankara Regional Court of Appeals.