Bitten by someone else’s Dog?
Dogs are commonly referred to as man’s best friend. No matter whether you are an animal lover or not, you might just find yourself in the situation where a dog’s bite is worse than its bark!
It may happen that you decide to visit a friend or your neighbour, go for a run in the road or have to enter someone’s property and find yourself unexpectedly being charged and bitten by a dog. Naturally once you have gotten over the shock and pain you will be wondering what your rights are if this happens to you.
When the dog bit you, it may have been inside someone’s yard, roaming free on the street, or it may have run off from its owners while on a leash. Depending on the circumstances South African law allows you to claim compensation if certain factors can be proven.
If a dog bites you or a family member, the owner of the dog is liable unless they have a recognised defence. Dog bite claims are based on the legal principle dating back to the Roman Law, known as the ‘actio de pauperie‘ – which holds that the owner of a domesticated animal is ordinarily held strictly liable for harm caused by that animal. That means the dog’s owner is legally responsible for the damage or loss caused by the dog.
Under this action, the injured party does not have to prove negligence on their part and a victim of a dog bite can claim damages from a dog owner without having to prove negligence or intent.
The following four requirements have to be met in order to succeed with such an action where an animal causes harm to someone:
- Ownership of the animal has to be proven. If a stray dog attacks you, there would be no one to hold responsible for its attack as it does not belong to anyone;
- The animal needs to be a domesticated and kept as a pet, usually this would be a dog or a cat;
- The animal must have acted against its nature, referred to as contra naturam sui generis in Latin. If you tease, hurt or provoke a dog in some way it would not be unexpected if a dog were to react;
- The victim must have been lawfully present at the location where the damage was inflicted. This includes private property and public spaces.
Based on these requirements there may be situations where a dog owner can defend a claim and not be held liable.
There are three recognised defences to such a claim:
- That the injured party was in a place where they had no right to be (such as in a break in or trespassing of property);
- The animal was provoked either by the injured party or a third party;
- That custody and control of the animal has passed to a third party who negligently failed to prevent the animal from causing the harm.
Many dog owners will be unwilling to co-operate because they may worry that their pet will be put down. Especially in these circumstances it becomes necessary for a third party such an attorney to become involved and deal with the dog owner on a legal and professional basis to resolve any claims as amicably as possible.
If you are able to you should take pictures of the injuries, of the area where the incident occurred as well as of the dog.
Your attorney would need to interview you, the dog’s owner, and anyone else that may have witnessed the incident. This will help form a clear idea of the circumstances of the incident. Your attorney will also look at your medical reports and records to ascertain the extent of your injuries. Some of the topics claimed for in these types of cases are medical expenses, disfigurement or disability and the impact on the ability to earn an income.
If you or a loved one have been bitten by a dog, you should speak to an attorney about your options. If you need any advice on where to start feel free to visit our website at www.pauldup.co.za.