A woman's bid to claim $168,000 in compensation after fracturing her wrist was dismissed by a New South Wales court, which found her neighbor's German Shepherd did not attack her.

Jennifer Bevan took her neighbor, Gregory Smith, to the NSW District Court, alleging his three-year-old German Shepherd, Evie, knocked her over on their shared driveway in Caringbah in December 2020. Bevan stated that during the incident, she was carrying her Cavoodle puppy, Gracie, and Evie jumped up at her twice, with the second jump causing her to fall and fracture her right wrist.

She required surgery for the injury, which she claimed impacted her daily life significantly. Bevan's legal team referenced Section 25 of the Companion Animals Act 1998 (NSW), which states a dog owner is liable for bodily injury caused by a dog wounding or attacking a person.

During court proceedings, Bevan was questioned about whether Evie might have been reacting to her puppy. She responded, "I can't read a dog's mind." While she acknowledged Evie did not bite her, she disagreed with the suggestion that the dog was merely being playful.

Mr. Smith's legal team argued that there was no evidence Evie had been aggressive and that dogs sometimes place paws on humans affectionately. They also contended that Evie did not 'wound' Bevan, as her paws did not scratch her chest, and the dog only pushed her. The defense highlighted that the neighbors had lived on the shared property since approximately 2008 and were familiar with each other's dogs, even noting that Evie and Gracie had played together previously, with Smith having cared for Gracie when Bevan was away.

Judge Greg Waugh, in his ruling, stated that Evie's actions did not meet the legal definition of wounding or attacking in an aggressive or deliberate manner. He noted that the dog approached Bevan and her puppy without barking, growling, or snarling. The judge observed that Evie placed her paws on Bevan's chest without scratching or knocking her over, and immediately moved away when told to by name.

"I do not accept (Ms Bevan's) submission that a 60kg dog running back after being shooed away necessarily constitutes an attack, or that a dog running at a person, going up on its hind legs and placing its paws on the person’s chest is necessarily by itself an attack," Judge Waugh wrote in his decision. Consequently, Smith was found not liable for damages or negligence.

Ms. Bevan was ordered to cover Mr. Smith's legal costs. Both parties were contacted for comment by the Daily Mail.