Personal Injury and Public Liability

 

 

 

In South Africa, dog bite claims are subject to a time limit known as the prescription period. Generally, you have three years from the date of the incident to file a claim. It’s crucial to initiate the legal process promptly to protect your rights.
 

Claims can be brought against the owner of the animal:

  • As a result of bodily injuries, which will include the costs of past and future medical expenses, the past and future loss of earnings/salary and pain, suffering and disfigurement (General Damages);
  • Claims for loss of support and/or funeral expenses where a breadwinner passed away due to the injuries sustained.

As a dog owner, you may feel like you and your dog are being unjustly treated. In these instances, you could attempt several defences when facing a dog bite claim, such as arguing that:

  • The victim provoked the dog.
  • The victim was trespassing on your property.
  • The dog was protecting you from a perceived threat.
     

The owner of a dog that has inflicted harm on a third party may avoid criminal liability by raising the defence of private defence (self-defence). While the owner of a vicious dog has a legal duty to control it, they may be justified in setting it upon a thief on their premises. The owner of the dog would be responsible but not liable for the conduct of their dog.

The owner of the dog which has inflicted harm on a third party may also avoid delictual liability in actio de pauperie in the following circumstances:

  • Where the injured party was in a place where they were not entitled to be;
  • Where the victim or a third party or another animal provoked the attack by goading or provoking the animal; and 
  • Where a third party was in control of the animal and failed to prevent the animal from harming the victim.

The criminal liability that a dog owner (or the owner of any other animal) faces when their dog bites another person is governed by statute, specifically the Animal Matters Amendment Act, 42 of 1993. Section 1(1) states:

“Any person as a result of whose negligence an animal causes injury to another person, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.”

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Dog Bites and Animal Attacks

The bond between humans and dogs is often strong, and in South Africa, dogs also provide a sense of security.  However, this can sometimes lead to tragic incidents.

Experiencing an animal attack can be a traumatic and painful ordeal. In South Africa, victims of animal attacks, often dog bites, are not without recourse. This page is dedicated to providing support and legal guidance to individuals and families affected by animal attacks. We understand the physical, emotional, and financial toll such incidents can take. At Aucamp Attorneys, we are committed to helping you navigate the aftermath of an animal attack. We offer compassionate and expert legal representation to help you understand your rights, pursue claims for compensation, and focus on your healing and recovery.

Understanding Dog Bites and Animal Attacks 

In South Africa, injuries from dog bites and other animal attacks are unfortunately common, often due to the use of dogs for security purposes. If you've been injured by a dog or another domesticated animal, you may have grounds for a legal claim against the animal's owner, provided certain conditions are met.

A successful claim hinges on identifying the animal's owner and establishing the specific circumstances of the attack or incident. Critically, you must demonstrate that the animal acted contrary to its natural behavior. This means the attack was unprovoked or beyond what would be considered typical animal behavior in the given context.

Your Rights as a Victim of an Animal Attack in South Africa

South African law offers several avenues for victims of animal attacks to seek compensation.  These are rooted in various legislation and common law principles:

1. Common Law:  Strict Liability under Actio de Pauperie

South African Common Law recognizes a principle called actio de pauperie. This is a powerful tool for victims as it often holds pet owners strictly liable for damages caused by their domestic animals.  This means that even if the owner was not necessarily negligent, you may still have a strong claim for compensation simply because their animal caused you harm.

Landmark Case The case of Van Meyeren v Cloete serves as a significant example. The High Court, and subsequently the Supreme Court of Appeal, awarded substantial damages (over R2.3 million) to a plaintiff attacked by Pitbulls, based on actio de pauperie. This case underscores the potential for significant compensation for victims under this common law principle.

2. Negligence and the Animal Matters Amendment Act, No. 42 of 1993 (AMAA)

The Animal Matters Amendment Act (AMAA) makes pet owners criminally liable if their negligence leads to their animal injuring someone.  While this is a criminal charge against the owner, proof of negligence under the AMAA can also strengthen your civil claim for compensation.  Examples of negligence include:

  • Failing to properly train or socialize a dog known to be aggressive.
  • Allowing a dog to roam freely off-leash in public areas where it's not permitted.
  • Not taking reasonable steps to prevent their animal from escaping and causing harm.

3. Animals Protection Act, No. 71 of 1962:  Animal Welfare and Owner Responsibility

While primarily focused on animal welfare, the Animals Protection Act outlines crucial responsibilities for pet owners.  Breaches of this Act that contribute to an animal attack can be used to demonstrate the owner's negligence. Key obligations for pet owners under this Act include:

  • Control Ensuring animals are under control at all times and not allowed to endanger or disrupt others.
  • Licensing and Registration Complying with licensing and registration requirements, which often include vaccination and identification.
  • Proper Care Providing adequate food, water, shelter, and veterinary care, and maintaining a hygienic environment for the animal.
  • Training and Socialization Taking steps to prevent aggressive behaviour through proper training and socialization.

Failure to meet these obligations, which results in an attack, can support your claim.

4. Sectional Title Schemes Management Act, No. 8 of 2011 & Local By-laws:  Community Regulations

If the animal owner resides in a sectional title complex, breaches of the Sectional Titles Schemes Management Act or Body Corporate rules regarding pet ownership (like keeping pets without consent or violating pet rules) can also be relevant to demonstrating negligence. Similarly, violations of local municipal by-laws related to pet control (leashing rules, number of pets allowed, etc.) can further support your claim.

What Should You Do If You've Been Attacked by an Animal?

If you or a loved one has suffered an animal attack, prioritize the following steps:

  • Seek Immediate Medical Attention Your health is paramount. Get prompt medical treatment for your injuries. Document all medical care and expenses.
  • Identify the Animal and Owner If possible, safely identify the animal and its owner. Obtain the owner's contact information and, if possible, vaccination records.
  • Report the Attack Report the incident to local authorities (police, SPCA/Animal Control, municipality) and obtain an incident report.
  • Gather Evidence Take photographs of your injuries, the location of the attack, and any visible factors that contributed to the attack (e.g., broken fence, no leash). Gather names and contact details of any witnesses.
  • Contact Aucamp Attorneys Immediately Do not delay in seeking legal advice. An attorney can assess your case, advise you on your rights, and initiate the claims process.

How Aucamp Attorneys Can Help You Claim Compensation

Aucamp Attorneys provides expert legal representation to animal attack victims in South Africa. We can assist you by:

  • Providing Expert Legal Advice Explaining your rights and the strength of your potential claim.
  • Investigating the Incident Gathering evidence, witness statements, and relevant documentation.
  • Negotiating with the Animal Owner or Insurer Pursuing settlement to secure fair compensation out of court.
  • Litigation If necessary, representing you in court to pursue your claim and fight for your rights.
  • Calculating and Claiming Damages Ensuring you claim for all appropriate damages, including medical expenses (past and future), lost income, pain and suffering, emotional trauma, and other related losses.

If you or a loved one has been a victim of an animal attack in South Africa, Aucamp Attorneys is here to help you navigate the legal process and claim the compensation you deserve.  Contact us today for a confidential consultation to discuss your case and take the first step towards justice and recovery.