Who pays when their dog attacks?

chrisc

chrisc

Honorary Master
Joined
Aug 14, 2008
Messages
14,169
Reaction score
6,666
Location
Cape Town
I walk the dog 3 times a day. There is always a lot of barking when I walk past a house with dogs

This lady opened her gate to drive in and forgot to close it. Her large pavement special rushed out and attacked me and my dog. Lacerations, gouges, my dog's eye bitten out and snout shredded. I was 4 houses away from her house when the dog rushed out and ran down the street

My hospital bill is R7200, vet's bill is R11200, now dog only has one eye and a limp

She now maintains that I "provoked" her dog. The fact that she forgot to close the gate is immaterial to her, she maintains it would have made no difference

SAPS and SPCA entirely uninterested
 
I went to see them. Extremely difficult they said. She will maintain I did not take due care. I needed 14 stitches in my leg. She reckoned I was drunk and fell down
 
I am really sorry to hear about your misfortune.

I rate a civil case is possible,but it will take a bit of cash. If I were you, I would do it none the less out of principal.
 
Sorry to hear about your predicament.
That sort of behaviour from owners gets my back up - how can she argue you did not take due care - she should have ensured her gate was closed. Then to take it up a notch and say you were drunk, **** that.

Yep, this sort of action requires deep pockets, small claims may be the only way to go.

Good luck with whatever choice you make.
 
I'm pretty sure she should be held responsible as she was irresponsible. I'd go back to the police, if they're not interested, push to speak to someone more senior.
 
AFAIK if this happened on the road the owners or the dogs are liable and this is grounds to have those dogs put down as well. I walk my dog often and I'm starting to feel like I need to have a camera on my dog or on the leash at all times
 
If your dog was on a leash and her's wasn't then you have a good chance in court I'd say. (Since road is public property & she didn't restrain her dog)

mmmig said:
AFAIK if this happened on the road the owners or the dogs are liable and this is grounds to have those dogs put down as well. I walk my dog often and I'm starting to feel like I need to have a camera on my dog or on the leash at all times
Click to expand...

Most places have bylaws requiring this...so not exactly optional.

e.g. eThekwini Municipal

“The owner of any dog, which is found in any street or public place, otherwise than on a leash, held by a person or under some other form of bodily restraint shall be guilty of an offence.”
Click to expand...
 
She clearly has no leg to stand on. Sounds like she is trying to worm her way out of it.

Take it to small claims court and I have no doubt you will win. Her dogs were not on a leash.

(I take it yours were?)
 
Sorry to hear about this.
You need to take a multi prong approach to this.

Stand your ground . Take legal action.
Make others in your community aware of the incident and location.
 
Why didnt you attack the dog first?

I would have soccer punt the dog in the face if it was charging for me.
 
chrisc said:
I went to see them. Extremely difficult they said. She will maintain I did not take due care. I needed 14 stitches in my leg. She reckoned I was drunk and fell down
Click to expand...

Rubbish... Her dog got out of her property - her problem. The law is on your side... google for "dog attack law south africa"
 
HavocXphere said:
If your dog was on a leash and her's wasn't then you have a good chance in court I'd say. (Since road is public property & she didn't restrain her dog)



Most places have bylaws requiring this...so not exactly optional.

e.g. eThekwini Municipal
Click to expand...

I mean camera attached to the leash.... or is it a leash attached to a camera :erm:
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X