For those with pets, many have asked themselves - "Am I always liable if my pet bites someone?" The shot answer is no - just as with any legal charge - there must be evidence for or against your case.
Firstly, in a situation where the injured party was unlawfully in the place where he was attacked by your pet, liability may not arise in such situation.
An obvious example of this scenario is whereby a thief breaks into a yard and is attacked by the home owner’s dogs, there cannot be liability on the part of the home owner as the thief was not supposed to be in the yard in the first place, at least without permission.
The second scenario is where, a third party negligently or recklessly conducts themselves in a manner that causes another party to suffer injuries from a pet. In this case, the liability will accrue to the third party and not to the owner of the pet. The case of Lever v Purdy (3) SA 17 (A) demonstrates this scenario. In this case the third party who was entrusted to take care of a dog while the owner went on a trip, did not lock up the dog before the claimant arrived, resulting in the dog attacking the claimant. The Court held that the third party had been negligent and ought to shoulder liability.
Where a pet is provoked and it acts in response to such provocation by attacking the claimant, the claimant will likely not succeed with this claim. Hypothetically speaking, had the provocation not been done, the pet would probably not have attacked the claimant.
In summary of the principles above with regard to liability arising out of injuries caused by a pet attack, the owner of the pet, may escape liability under the following instances:
At Van Deventer and Van Deventer Incorporated we assist in general litigation on matters such as the above, amongst a host of other areas of law. Our legal practitioners are seasoned, professional and astute in the work they handle.
Contact us for comprehensive assistance.
The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. One should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The contents of this site contain general information and may not reflect current legal developments or address one’s peculiar situation. We disclaim all liability for actions one may take or fail to take based on any content on this site.
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