If you've been bitten by a dog and want to pursue a claim, it's important to understand the legal aspects involved. In South Africa, victims of harmful acts by animals, such as dog bites, have the right to claim damages based on ownership fault or delict.

Origins of Dog Bite Claims

The rights associated with dog bite claims trace their roots back to Roman remedies, specifically the action de pauperie and the actio legis aquiliae.

Determining Liability for a Dog Bite

When it comes to dog bites, the legal responsibility typically falls on the owner of the dog, particularly if the dog is a pet. The dog's owner may be held liable if their dog bites and causes harm to another person. However, if the person who was bitten was lawfully present at the location where the incident occurred, the dog owner might not be held liable.

Proving a Dog Bite Claim

To successfully pursue a dog bite claim, the complainant must prove the following:

1. The person against whom proceedings are instituted is the owner of the dog.

2. The dog is a domesticated animal.

3. The dog acted outside the normal behavior expected of domesticated animals, specifically dogs.

4. The conduct of the dog caused harm to the person making the claim.

5. The person bitten by the dog was lawfully present at the place where the attack occurred.

Compensation for Dog Bite Claims

If you've suffered damages from a dog bite, you may be eligible to claim compensation for various losses, including:

• Past and future medical expenses

• Damage to property

• Disability and/or disfigurement

• Loss of quality of life

• Past and future loss of income

• Pain and suffering

Instances When a Dog Bite Claim May Not Succeed

It's important to note that a dog bite claim may not succeed if the dog bite victim provoked or aggravated the dog through their own behavior.

Seek Legal Assistance for Dog Bite Claims

At Barter McKellar, our litigation attorneys have extensive experience in handling dog bite claims. If you would like to learn more about your rights and options, don't hesitate to contact our offices.