I am very sorry for your loss and for the injuries you have suffered. What you have described is not merely an unfortunate incident but a clear case of negligence under Indian law. The owner or handler of a dog is strictly liable for harm caused by the animal, particularly when the attack is unprovoked, occurs in a common area such as society premises, and when there is a known history of aggression. The fact that the Doberman had attacked other dogs earlier is a significant factor and strongly supports your case, as it shows prior knowledge of the danger by the owner.
You have strong grounds to initiate a civil suit for compensation against the dog owner and, in certain circumstances, also against the housing society if it can be shown that they were aware of the dog’s aggressive behaviour and failed to take preventive action. In such a civil suit, you can legally claim compensation for the veterinary expenses incurred for your Pomeranian, the value of your pet, mental agony and emotional distress, your medical expenses including X-rays, MRI and treatment, loss of income if your injury has affected your work, and compensation for pain and suffering due to the sciatic nerve injury.
It is extremely important to preserve and collect evidence as soon as possible. This should include all your medical records, prescriptions and diagnostic reports, veterinary treatment records and any report confirming the death of your dog, photographs or videos of your injuries and your pet’s condition, CCTV footage from the society premises, and statements or contact details of any witnesses such as neighbours, security staff or residents who saw the incident. If possible, you should immediately make a written request to the society management for CCTV footage and for any records of prior complaints or incidents involving the same dog.
As a practical first step, it is advisable to send a formal legal notice to the dog owner and, if appropriate, to the society management demanding compensation within a specified time period. In many cases where liability is clear, matters are resolved at this stage itself without the need for prolonged litigation.
If there is no satisfactory response to the legal notice, you can proceed to file a civil suit for damages in the civil court having jurisdiction over the area where the society is located. The suit would be based on negligence and strict liability principles, and you are not required to prove intention, only that the harm occurred due to the owner’s failure to control a dangerous animal.
Separately, though not mandatory, you also have the option of initiating criminal proceedings by filing an FIR for negligent conduct causing injury and death, which can often exert additional pressure and encourage an early settlement.
If the housing society had prior knowledge of the dog’s aggressive behaviour and failed to enforce safety rules such as leashing or muzzle requirements, or ignored earlier complaints, they may also be held jointly liable for compensation.
Given the unprovoked nature of the attack, the previous history of aggression, the death of your pet, and the serious injury suffered by you in a common area, your case is legally strong and well-supported under current jurisprudence.
Your immediate next steps should be to gather all relevant documents and evidence, formally request CCTV footage and records from the society, identify witnesses, and issue a legal notice. If compensation is not forthcoming, filing a civil suit for damages would be the appropriate remedy.
Please note that this guidance is provided for general informational purposes on a pro bono basis and does not constitute formal legal advice. For tailored strategy and representation, you should consult a local advocate with all your documents.
Once again, I extend my sympathies for your loss and wish you a speedy recovery. You are well within your rights to seek justice and compensation in this matter.