Damages for dog bites
Can I sue my neighbour for damages if his dogs attack me outside his
property?
The matter was heard in Du Preez
v Kingsley [2015] JOL 33595 (FB)
Facts:
Whilst cycling on a suburban road, the plaintiff encountered two dogs which
exited their property and one of them bit him. The dogs had managed to get out
of their owner’s property because the gate had been left partially open. The
plaintiff received medical attention from a doctor living next door to the
property where the dogs lived. As a result of his injury, the plaintiff sued
the defendant for damages.
The defendant could not dispute the
version of the plaintiff and the doctor. He contended that he had secured the
gate, but could not dispute that the dogs had gotten out of the property. As he
was not home at the time of the incident, he could not deny that the dogs went
out of the premises.
Held that
where a person has assumed control over potentially dangerous animal which may
cause harm unless preventative measures are taken, he is under a legal duty to
act in protection of third parties.
At common law, the defendant
ordinarily would be required to take steps to protect others against harm
flowing from the conduct of the dog. The defendant should have ensured
that his dogs did not escape onto the street. Whatever means he alleged he
had taken, if any, were clearly inadequate and insufficient.
The plaintiff had discharged the
onus of proof on both action de pauperie and actio legis aquiliae.
The grounds of negligence were that the defendant had not properly controlled
the dogs and taken reasonable measures or sufficient precautions at all
relevant times so that they did not escape and cause harm to others.
The defendant was therefore liable
for plaintiffs proven damages arising out of the incident.
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