What is my rights if dog bites a person outside my yard in South Africa
The situation changes a bit if the dog bite happens outside your property in South Africa. Here’s how your rights differ:
Shifting Liability
The strict liability principle under “actio de pauperie” still applies, but the burden of proof changes. Here’s what the person bitten needs to prove to claim against you:
- ☑️ They were lawfully present: This means they weren’t trespassing or breaking any laws when the bite happened. Examples include someone walking on a public sidewalk, a mail carrier delivering mail, or a guest invited to a public park where your dog is allowed.
- ☑️ The dog bit them: Seems straightforward, but witness accounts and medical records can be crucial evidence.
- ☑️ The bite caused harm: This includes medical bills, lost income, and pain and suffering.
Defenses are Similar
The defenses you might have as the dog owner are similar to a bite in your yard:
- 📌 Provocation: If the person bitten was provoking the dog or trespassing on private property, your liability might be reduced.
- 📌 Leash Laws: If the bite happened in a public place and your dog was properly leashed and restrained according to local leash laws, the victim’s actions might be considered a contributing factor.
- 📌 Act of God or Third Party Intervention: If something unforeseen startled the dog (loud noise, another animal attack), it could weaken the case against you.
Importance of Location
The specific location of the bite can also play a role. For example, if the bite happened in a designated off-leash dog park where your dog was behaving appropriately, the victim’s chance of a successful claim might be lower.
Recommended Steps Remain Similar
The steps you should take after the incident remain similar:
- ☑️ Ensure medical attention: Priority one is to make sure the person receives medical care.
- ☑️ Gather Evidence: Document the scene with photos, witness statements (if possible), and any reports filed with animal control.
- ☑️ Consider Legal Advice: Consulting a lawyer experienced in dog bite cases can be invaluable. They can assess the specifics of your situation and advise on potential defenses.
Conclusion
While the law generally favors the person bitten, there can be some leeway for dog owners depending on the circumstances, especially if the bite happened outside your property. Consulting with a lawyer is crucial to understand your rights and explore potential defenses.
