The firm notes that dog attacks resulting in serious injuries are not uncommon in the country as large dog breeds are popular, and many residents own dogs to guard against potential intruders., against the dog’s owner. With this type of claim, the owner’s liability does not depend on actual negligence or intent to harm.”‘ holds that the owner of a domesticated animal is ordinarily held strictly liable for harm caused by that animal.
Essak is currently claiming R1.4 million in damages. The case, brought before a Pietermaritzburg court in May 2021, was adjourned to a date to be arranged., a man was attacked and seriously injured by three pit bull-type dogs on a public street. He claimed damages of R2,341,000 from the dogs’ owner. The owner argued that the dogs were able to escape his property only because an intruder had left the gate to his property open. Normally, the gate was secured by a padlock.actio de pauperieThe 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 behaviour of the person attacked may also be relevant. For example, was the plaintiff attacked after illegally entering the dog owner’s property? Also, did the plaintiff provoke the dog? Like other types of personal injury claims, dog bite claims can be complex. Even if a dog attack occurred on the owner’s property, the owner could be found liable.Medical costs associated with the injuries;The severity and likely long-term consequences of the injuries sustained; and
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Source: BusinessTechSA - 🏆 24. / 61 Read more »
Source: BusinessTechSA - 🏆 24. / 61 Read more »