By KEILE CAMPBELL

Tribune Staff Reporter

kcampbell@tribunemedia.net

A WOMAN mauled by two pit bulls after entering a Finlayson Street property to buy breakfast was awarded $4,750 after a magistrate found the dogs’ owner failed to take reasonable precautions to protect people entering the premises.

Acting Stipendiary and Circuit Magistrate Jonathan Deal found Shareid Lawson liable in negligence and under section 53 of the Animal Protection and Control Act, 2010, following a July 15 trial.

The judgment was delivered on September 22.

Deborah Bastian was attacked on December 28, 2023, after she and then co-worker Tiffany Nesbitt went to a breakfast business operated by Lawson’s mother at the Finlayson Street property.

Mrs Bastian, who worked as a housekeeper at the Fleming Street clinic, said a doctor there had asked her to buy breakfast for him.

It was the first time Mrs Bastian and Ms Nesbitt had gone to the business, and they needed directions from people in the area.

The breakfast operation was closed for the Christmas holidays when they arrived. Its closure had been publicised on WhatsApp, the usual customer entrance was padlocked, and a vehicle was parked in front.

However, Magistrate Deal found that the women entered through a smaller residential gate secured by a sliding bolt that could be opened from outside.

He was not satisfied that closed signs were present or sufficiently visible from the entrance and rejected evidence that “beware of dogs” signs were posted near the gate.

Mrs Bastian and Ms Nesbitt entered the yard, knocked on the front door and called out before moving towards the side of the property, where two unrestrained pit bulls owned and kept by Lawson were located.

There was no physical barrier separating visitors from the dogs.

According to the judgment, the dogs chased both women as they tried to leave.

Ms Nesbitt escaped, but the gate closed behind her, leaving Mrs Bastian trapped inside.

Lawson’s sister, Sharvine Williams, arrived and attempted to restrain both dogs by their collars.

Mrs Bastian tried to run from the yard, but the dogs broke free from Ms Williams and attacked her after she tripped and fell while attempting to escape.

The court found that one dog bit Mrs Bastian’s leg, causing a puncture wound to her thigh, while she suffered another puncture wound to her scalp when one of the animals tugged at her braids.

A neighbour eventually helped remove the dogs.

Mrs Bastian was taken to the Fleming Street clinic, then transferred to hospital for further treatment.

Ms Williams maintained that warning signs were posted and said Mrs Bastian had been told to remain still while she restrained the dogs.

A neighbour also testified that he tried to warn the women that the breakfast operation was closed before they entered the property.

Magistrate Deal found, however, that the women probably did not hear him.

The defence argued that Mrs Bastian was trespassing because she entered through the residential gate while the business was closed.

Magistrate Deal rejected that argument, finding that she entered for the purpose of buying breakfast and had an implied licence to approach the residence to communicate with its occupants.

He also found that the unlocked entrance and absence of signs indicating that members of the public were prohibited from entering undermined the trespassing argument.

The magistrate acknowledged that Mrs Bastian should have remained still but found that she did not deliberately provoke the dogs and had to be afforded “significant leeway in the agony of the moment”.

The court found that Lawson should have anticipated that people unfamiliar with the business’ holiday schedule might enter the property to buy breakfast.

Magistrate Deal found that the dogs should have been restrained and kept away from areas accessible to visitors and that the sliding bolt alone was insufficient to prevent members of the public from entering while the animals were roaming in the yard.

Mrs Bastian sought $7,830 in general damages for puncture wounds, scarring, scalp sensitivity and fear of dogs.

However, the court found that no medical reports or related documents were submitted to corroborate some of those injuries.

It therefore limited its findings to the puncture wounds and Mrs Bastian’s resulting fear of dogs, awarding her $4,750 for pain, suffering and loss of amenities.

Mrs Bastian’s attorney, Nioshi Ferguson-Wilson, said the case underscored the need to properly secure dogs where a residence is also used as a business and members of the public are expected to enter.

“Mrs Bastian endured a horrific and terrifying attack,” the Bostwick and Bostwick attorney said. “She was chased and dashed to the ground, and while she was down two pit bulls were upon her, biting her in the thigh and head.”

Mrs Bastian was also awarded $1,500 in costs, inclusive of attorney’s fees.

She was represented by Bostwick and Bostwick, while Mark Penn represented Lawson.

Either party may appeal the decision to the Supreme Court within seven days of its delivery.

The ruling comes amid heightened scrutiny of dog ownership and enforcement following several serious attacks across The Bahamas this year.

Nine-year-old American Beau Brattain suffered life-threatening injuries when several dogs attacked him in Bimini on July 28.

Harrington Rolle, 34, was later sentenced to 12 months in prison after admitting charges of negligently causing grievous harm and offences involving a dangerous dog being at large.

Earlier this month, three-year-old Skyla Lightbourne suffered head injuries requiring surgery after a Belgian Malinois-German Shepherd mix escaped from an Ida Street property and attacked her. Animal Control took custody of the dog.

In Grand Bahama, 70-year-old Stephen Ferguson pleaded not guilty to negligently causing harm and permitting an animal to be at large after an 11-year-old boy was allegedly injured by a dog on September 5. His case was adjourned to February 3, 2027.

The government also launched its Mission Pawssible initiative and declared a September 1 to 30 amnesty intended to bring dog owners into compliance with licensing, identification and animal-control requirements.

Authorities said enforcement would intensify after the amnesty, with ticket penalties ranging from $50 to $1,000.