It is fair to say that South Africa is a relatively dog-friendly country, yet dog bites naturally do happen. Many South African households keep dogs as pets or even consider them as part of the family, increasing the possibility that a dog bite incident may occur, whether within the family, or amongst the public. But what are the legal repercussions for when this happens?
According to BusinessTech, when dog bite claims are made in South Africa, compensation can include “payment for past and future medical costs, loss of earnings and general damages for pain and suffering” as stated by specialist legal firm DSC Attorneys.
Dog attacks or bites that result in serious injuries are quite common in South Africa, since many residents own large dog breeds to guard properties against potential intruders.
“In South Africa, a dog attack can give rise to a claim on the basis of the ‘actio de pauperie’, against the dog’s owner. With this type of claim, the owner’s liability does not depend on actual negligence or intent to harm,” states the law firm.
The ‘actio de pauperie’ is an age-old legal principle dating back to Roman Law that states that liability ordinarily lies with the owner of a domestic animal when that animal has caused harm.
DSC Attorneys explained that in order for this claim to be successful, four criteria must be established:
- The defendant (the person you’re claiming against) has ownership of the dog;
- The dog is a domesticated animal;
- The dog acted outside its nature (which, it’s assumed, doesn’t involve wanting to attack people); and
- The dog caused harm to the person claiming.
Successful claims of dog bites or attacks can result in millions of rands, as recent cases have shown. DSC Attorneys has outlined some cases that dog owners might be interested in:
Mohammed Essack of Howick West is currently claiming R1.4 million in damages after he was attacked by a neighbour’s dog in 2021. The case shows that the dog reportedly entered his property and attacked him, which resulted in his hospitalisation. The case was brought before a Pietermaritzburg court in May 2021 and was adjourned to a date to be arranged.
In a 2020 case, Cloete v Van Meyeren, a man was seriously injured after being attacked by three dogs on a public street. The owner of the dogs, and the defendent in the case, argued that, normally, his dogs are secured within his property, but on this particular incident, the gate was left open by an intruder. The judge ruled in favour of the plaintiff, and the legal ruling provides that “the owner of a dog that attacks a person who was lawfully at the place where he was injured, and who neither provoked the attack nor by his negligence contributed to his own injury, is liable, as owner, to make good the resulting damage”. The plaintiff in this case claimed R2 341 000 in damages.
In another case that occurred in 2020, a personal liability insurance claim for R4 million was settled out of court after a victim of a dog attack lost an arm from the elbow down.
So how does compensation get determined in dog bite claims in South Africa?
Dog bite claims can be complex. A claim is more likely to be successful if there is evidence that the dog owner was negligent, even though negligence is not a prerequisite for a claim to succeed. Examples of negligence are failing to secure the dog safely within its property, or more commonly, allowing a dog to roam off leash in public spaces.
But the behaviour of the person who was attacked by the dog could also influence the claim. For instance, factors that are considered are whether the plaintiff entered the dog owner’s property illegally, or whether they provoked the dog.
In certain circumstances, the owner could still be found liable even if a dog attack or bite took place on their private property.
Other factors that will likely affect compensation in a dog bite claim are the medical costs associated with the injuries, loss of earnings due to injuries, the severity and likely long-term consequences of the injuries sustained, and also the age of the plaintiff.
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