A court case arguing the liability of a dog owner for damages, finalised in December 2024, raises several points to consider.
On the day of the attack, the victim arrived unannounced and uninvited to the property. The dog was not in its usual enclosure, and the victim was attacked, sustaining injuries.
Based on findings, the court ruled that no negligence could be attributed to the dog owner. Legal Aid South Africa lawyer Verity Smith advises dog owners to stay informed of municipal bylaws related to pet handling.
Smith says pet owners must protect themselves from legal action by ensuring their pets remain under control at all times, whether leashed or off-leash. Dogs must not be allowed to roam freely or disrupt others, as per the local municipality’s bylaws.
“Display a ‘Beware of the Dog’ sign as it protects against liability, acts as a deterrent and provides a warning”.
Dog owners can also protect themselves against civil claims for incidents on private property by declaring to anyone on their private property that their dog may act aggressively.
Emphasise that the dog should not be provoked and no uninvited or unannounced person should enter.
Victims of dog attacks on private property who wish to launch a civil proceeding must establish who has full ownership of the animal; whether it is deemed domesticated or not; whether it acted against its nature; and whether permission, purpose and a legal right to be on the private property was granted to the victim.
– Legal Aid South Africa
