Why Dog Owners Can Be Held Liable for Injuries

Spence Attorneys

Owning a dog is not just a personal joy. It is a legal responsibility. Dogs, by their very nature, can be unpredictable. If they are not properly controlled, they can cause serious harm to others. South African law recognises this risk and places clear duties on dog owners to protect the public. When owners fail in those duties, the consequences can be severe.

Common Law Responsibilities: The "Actio de Pauperie"

Under South African common law, the actio de pauperie gives a person who has been injured by a domesticated animal a direct right to claim damages. What makes this legal remedy significant is that the injured person does not have to prove that the owner acted negligently. It is enough to show that the dog behaved in a way that is not typical of a well-behaved domestic animal.

If a dog rushes, bites, knocks someone over, or otherwise causes injury in a way that could not reasonably have been expected from a domesticated pet, the owner is strictly liable. It is no defence for the owner to say that they did not know the dog could behave that way. The law assumes that by owning a dog, you accept the risk that it could cause harm if not properly managed.

However, owners may escape liability if they can prove that the injured person provoked the dog, entered private property unlawfully, or contributed to the incident by reckless behaviour.

Negligence and Additional Claims

In many cases, injured persons can also bring a claim based on negligence. Unlike a pauperian claim, negligence must be proved. To succeed, it must be shown that the dog owner failed to act as a reasonable person would have in the same situation.

Examples of negligent behaviour include:

• Failing to keep a dog on a leash in a public park or street

• Ignoring repeated warnings from others about aggressive behaviour

• Letting a dog escape from a poorly fenced property

• Failing to take steps when aware of a dog's history of aggression

  
  

Where negligence is proved, the injured party can recover not only their direct damages but also broader claims such as emotional trauma, reduced earning capacity, and costs linked to long-term rehabilitation.

Municipal By-Laws in Cape Town

The City of Cape Town’s by-laws require that all dogs be kept on a leash in public spaces unless in designated leash-free areas. This is not just a suggestion. It is a legal requirement.

By allowing a dog to run loose in public, an owner is not only breaking the law but is also exposing themselves to greater liability. A breach of the by-laws can be used as evidence to support a negligence claim and can result in fines or other penalties being issued by municipal officials.

Owners must also ensure that their property is properly enclosed to prevent dogs from escaping and causing harm to passers-by or neighbours. Failure to secure a dog properly at home can have equally serious consequences.

Types of Damages That Can Be Claimed

When a dog causes injury, the injured person can seek compensation for a wide range of damages, including:

• Medical expenses, both immediate and ongoing

• Hospital and surgical costs

• Physiotherapy, psychological treatment, or other rehabilitation services

• Pain, suffering, and loss of enjoyment of life

• Emotional trauma, including post-traumatic stress disorder

• Permanent disfigurement or scarring

• Loss of income, including future loss of earning capacity

• Out-of-pocket expenses directly related to the injury

• Legal costs incurred to enforce the claim

Every case is different, and the value of a claim will depend on the seriousness of the injuries and the impact on the person's life.

Steps to Take After Being Injured by a Dog

If you are injured by an uncontrolled dog, the actions you take immediately after the incident are important:

• Seek medical treatment right away, even if the injuries seem minor. Dog-related injuries can worsen over time.

• Get the names and contact details of any witnesses who saw the incident. Their evidence may be critical later.

• Take photographs of your injuries, the scene where the incident happened, and, if possible, the dog itself.

• Report the matter to the local Law Enforcement unit or Animal Control. This creates an official record of the incident.

• Write down everything you remember about what happened while the events are still fresh in your mind.

• Contact your attorney promptly to protect your rights and get advice on your next steps.

Delaying action can weaken your case, so it is important to move quickly.

Defences Available to Dog Owners

Although the law is strict, owners do have some possible defences, such as:

• The injured person deliberately provoked the dog

• The injured person was trespassing or acting unlawfully

• The injured person voluntarily assumed the risk of injury

Each defence has specific legal requirements. Owners who want to raise a defence must be able to produce clear evidence supporting their version of events.

Why Public Safety Matters

Dog attacks are not just private matters. They are a public safety issue. Uncontrolled dogs can pose a threat not only to individuals but to the broader community. Children, the elderly, and other vulnerable persons are particularly at risk.

Cape Town's growing number of public parks, promenades, and dog-friendly beaches make it even more important that dog owners exercise proper control. A single incident can have lasting consequences for both the victim and the owner.

Dog owners who act responsibly contribute to safer, healthier communities. Those who neglect their duties face serious financial, legal, and reputational consequences.

The law expects more than good intentions. It expects action to prevent harm.

Dog owners must remember that owning a pet is not just a privilege. It is a legal and moral obligation to protect others from harm. The courts in South Africa, including Cape Town, are not sympathetic to owners who fail to meet this standard.

If you or a loved one has been injured because of a dog owner’s negligence, you have the right to claim fair compensation for your losses. You are entitled to be treated with dignity, and to have the financial burden of your injuries properly addressed.

Contact Spence Attorneys today for expert legal advice and representation- through email, info@spencelaw.co.za or 021 532 9224

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Disclaimer: This article is for general information purposes only and does not constitute legal advice. You should consult with a qualified legal professional for advice specific to your situation.