DOG BITE INJURIES

A dog’s bite can “bite” your pocket

- You get bitten; or

- Your dog bites and you are sued

Hennie van Eck

6 November 2014

SECURITY VS INJURY

• Animals [dogs] are part of society

• Work: sheep, sniffer, vermin

• Safety: home, SAPS, security

• Disability: guide, rescue

• Sport: jumping, hunting

• Social: pets, show

• Jobs: vets, kennels, food

[Safety or damages]

LEGAL IMPLICATIONS

• SA security. Dogs trained to be vicious.

• Injuries, clashes, damages

• Can’t sue the dog !

• Recent cases:

- farm worker lost both arms

- doctor’s wife lost an arm

- friend at a dinner bitten

- brother-in-law on holiday bitten

- News paper deliveryman savaged

STATISTICS

• SA insurers pay millions in claims p.a

STATISTICS (CONT)

• In USA $ 1 billion pd p.a

STATISTICS (CONT)

THE START • Roman Dutch law ± 300 AD. [animal world]

• Actio de Pauperie [remains applicable]

- Owner of domestic animal liable

- No negligence required or

• Based on negligence

• Purdy v Lever 1991 T

- Owner overseas. House sitter in charge

- TV repairer. Told dog vicious. No warning sign

- TV man called from fence. Bitten

- Owner liable [Actio de Pauperie]

- House sitter liable [Negligence]

OWNERSHIP

• Must own dog at the time of the damage

• Even if dog with friend or not under control per Purdy above

• Injured person must prove ownership

• Loriza Brahman v Dippenaar 2002 A

Facts

- Defdt said actio paurerie is ancient & irrelevant

- e.g. associations “own” animals

Held

- “After 2400 years no reason to banish it”

DOMESTIC ANIMAL

• Must be domestic animal

• Not

- bees, game, wild dogs in game reserve

• But

- domestic dogs

- sheep & cattle

- horses

- considered “tamed” under human control

• “Domestic” judged by everyday public understanding

ACT CONTRARY TO NATURE OF CLASS

• Act must be an attack [Not walking over road]

• Contrary to acts of domestic animals in general

• General society’s view of well behaved dog

[Not what dog behaviour experts say]

• Not contrary to nature to

- jump over fence to cover bitch next door

- bite if attacked or provoked

- bite if interfere with dog’s food

CONTRARY NATURE OF CLASS (CONT).

• Is contrary to nature to

- run out of open gate and bite passer-by

- bite unless provoked, attacked etc.

• Thysse v Bekker 2007 EC

Facts

- 10 yr old boy on BWB beach with grandpa

- Played with Border collie belongs to uncle

- Accidently fell on dog & was bitten badly in face

- Farther of boy sued his brother-in-law [owner]

Held

- Dog acted contrary to nature of class

DEFENCES: PROVOCATION • No claim if dog provoked e.g

- teased, attacked or provoked

• Fourie v Naranjo 2007 C

Facts

- F’s dog bit F’s own servant

- Neighbour & wife [N] went next door to help

- N was bitten by F’s dog & F’s friends dog

- F said N provoked dog – shouted, threw rock

Held

- Dog must obey man. N justified to help

- No provocation

- F must pay N

DEFENCES: ASSUMPTION OF RISK

• Know of dog. Signs. Enter knowing risk. No claim

• Maartens v Pope 1992 N

Facts

- Plumber [P] called to M’s house. Told to phone

- “Beware of dog” signs. P saw signs. Entered.

Held

- P aware of risk. Accepted it by entering

- M not liable as P voluntarily assumed the risk

• Fourie v Naranjo held no voluntary assumption

- N & dog familiar. N not foresee harm

DEFENCES: UNLAWFUL PRESENCE

• Trespassers can’t claim if bitten

• No lawful purpose & legal right to presence

• Fourie v Naranjo held N lawfully present to help servant. N had tacit consent

from F

• Viera v Van Rensburg

Facts

- Remote small holding

- Salesman went in to ask directions

- Not see a poor warning sign

Held

- Not unlawful to enter to ask directions

- V liable

DAMAGES

• Medical expenses [Hospital, Doctors etc]

• Loss of Income [Permanent or temporary]

• Loss of support [Loss of breadwinner]

• Other [Carers, home alterations]

• Emotional shock of other. In Fourie v Naranjo

Mrs N saw attack on husband. Her claim allowed

• General damages [Pain, suffering, scarring]

• Da Silva v Coetzee Bitten on bum. 3 teeth wounds. 1 day bed. R3

000.00

• Chetty v SAPS Two small wounds on thigh. Few stiches. Scars. Off work

2 weeks. R8 500.00

DAMAGES (CONT)

• Jooste v SAPS Wounds on thigh. Septic. Permanent large scar. R27

000.00

• Joyce v Venter Genitals. Discomfort to urinate for 1 year. Needed

several operations. No permanent loss. R47 000.00

• Heyneke v Visagie Face, eyes, cheek. Severe permanent scars. In

hospital. Permanent damage to eyelid. R53 000.00

• Baker v Spielman Face, arm, breast, lost lip. Face permanently

deformed. R450 000.00

• King v Geldenhuys R arm amputated. L arm seriously impaired. Also

legs & face. 11 operations. R625 000.00

SIGNS [NO]

SIGNS [YES]

SAFETY TIPS: DON’T • assume safety when visiting family & friends

• leave children alone with any dog

• approach a chained dog

• meddle with a pack

• intervene in a dogfight

• approach a vehicle with a dog inside

• pet a dog without it first seeing you

• lean your face close to a dog

• frighten a sleeping dog

• bother a dog that is eating

• disturb a dog with puppies

SAFETY TIPS: WHEN ATTACKED

• Don’t scream and run

• Stay still, hands at sides

• Avoid eye contact with dog

• When dog loses interest move back slowly

• If the dog does attack, "feed" him your jacket, bicycle, or

anything to put between you and dog

• If on ground, curl into ball, hands over ears, remain still

• Don’t scream and roll around

CONCLUSIONS

1. Be careful of other people’s dogs

2. Be careful with your dogs [Gates closed]

3. Insure properly

4. Put proper signs up

Thank you

HENNIE VAN ECK

Director

t +27 41 396 9220

f +27 41 373 0097

c + 27 41 78 456 8888

173 Cape Road, Mill Park, Port Elizabeth

PO Box 59, Port Elizabeth, 6000

Docex 12, Port Elizabeth

DISCLAIMER

These slides set out general legal principles and are for information

purposes only. The contents should not considered as legal advice.

Prior to using any of the information in the presentation, we

recommend that you should obtain legal advice.

For more information on this presentation, please contact Hennie

van Eck on 041 396 9220 or email at hve@jgs.co.za.