Complex matter of claiming compensation after a dog attack

SOUTH AFRICA has the highest incidence of dog attack deaths in the world relative to population. There were more dog attack fatalities last year than the total number in the nine years from 2006-2015, and so far this year, dog attack fatalities and injuries are a daily occurrence.

This is according to Kirstie Haslam, a partner at DSC Attorneys, who says that in South Africa, with its high crime rate, large breeds of dogs are popular and many dogs are trained to be aggressive for security purposes.

“The result is that the number of dog bites is growing alarmingly every year, and compounding the problem is the increasing prevalence of the breeding of large dogs to participate in dog fights as a blood sport.”

Haslam said that although determining the validity of a dog bite claim was a complex matter, those who had been bitten by a dog or any other animal could claim compensation for their hospital/treatment expenses actually incurred, as well as those likely to be incurred in future.

“You can also claim general damages for pain and suffering, and any lost income suffered or likely to be suffered in the future,” she added.

“If the attack happened in a public area, you’ll have to establish the ownership of the dog and whether the owner has the financial means to settle a claim,” she said. “In this instance you may have a strong claim on the grounds of negligence, given that the owner patently did not have control of the animal in a shared communal space.”

However, she pointed out that the majority of attacks occur on private property. She continued: “More often than not, a claim referred to as a Pauparian action applies. This means that even if the owner isn’t deemed negligent, you can still claim compensation on the basis that the animal acted contrary to the nature of its breed or species. The onus is then firmly on the owner to prove that the dog was either provoked or defending itself when the attack occurred.”

When claiming, you would also need to prove the extent of the injuries and any long-lasting disfigurement or other injury-related difficulties.

Haslam said she recently dealt with the matter of a 77-year-old woman who was attacked when a homeowner left their driveway gate open, and their dog escaped and without provocation attacked her.

“She required eight days’ hospitalisation and two surgical procedures, and was left with a permanently disfigured lower limb. The homeowner’s insurers paid significant damages in compensation, which included all hospital and related expenses, as well as for pain and suffering.”

In another ongoing matter, DSC was acting on behalf of a 32-year-old man who was viciously attacked by a boerboel when he was invited onto a neighbour’s property.

“He also sustained significant injuries to his lower leg, which has, inter alia, resulted in serious foot neuropathy, (chronic daily pain caused due to nerve damage), which may possibly result in him having to undergo a below-knee amputation,” Haslam said.

“His injuries have resulted in significant functional impairment, which has impacted on his work and home activities and has furthermore resulted in him developing symptoms of depression and anxiety.”

Global verses local legislation Internationally, 24 countries have banned the breeding and keeping of pitbulls and other dog breeds that are considered dangerous, but in South Africa, where two-thirds of attacks have been by pitbulls, there is no Dangerous Dog Act or legislation in effect, or steps being taken to bring about greater legislative control over breeders.

However, activities relating to dog-fighting are criminalised, and Haslam said the number of fatal dog attacks had resulted in the NSPCA investigating a number of instances involving dog-fighting, and that it had impounded dogs as well as prosecuted the owners. In addition, the NSPCA launched a special unit in 2014 to tackle dog-fighting syndicates.

However, she said that with the increasing number of attacks, the challenge was having sufficient resources to investigate and prosecute syndicates and individuals.

Claims are complex Because of the complexity involved in dog compensation claims, Haslam said it was advisable for victims to seek legal help to determine whether grounds for a claim existed, and ensure they engaged with an attorney who had the resources and know-how to facilitate a successful claim on their behalf. DSC Attorneys