TIPS: Legal issues to know about your pets in South Africa
Pet owners would definitely benefit from reading this, so here are some legal tips to take note of if you have pets in SA.
As a pet owner and a lover of pets, it is important to be aware and truly informed of all the facets of owning a pet. Most especially as there is an increase in dog biting occurring around South Africa.
A recent incident that occurred in the Eastern Cape proved to be quite savage in nature, sparking fears amongst residents. Of course there are some unwritten laws that many pet owners follow but now it's necessary to take it a step further.
"The question is often raised about who is liable for the injuries sustained from a dog bite or from other domesticated animals." (Business Tech)
In two separate legal proceedings that dealt with dog bites of a severe nature, the claimants won their claims due to liability issues. So in particular, "a claim of ‘actio de pauperie’ is brought, which is a claim against the owner of an animal. Actio de pauperie is strict liability, which does not depend on actual negligence or intent to harm." (Business Tech)
In order for liability to succeed in dog bite cases, there needs to be sufficient proof that the pet acted against it's nature.
The rationale is that domestic animals have been under the influence of man for such a long time that a minimum standard of good behaviour can be expected from them. Thus, it is considered ‘against nature’ for a dog to bite, an ox to gore, or a horse to kick or to bolt spontaneously when harnessed to a cart or with a rider on its back.
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For there to be negligence, there needs to be sufficient proof to say that the owner or the householder of the pet acted in fault. Some of the pointers that could be used to prove negligence include:
- The owner lets the dog off its leash in a public place;
- The owner fails to repair a gaping hole in his / her fence at home;
- The dog wanders off private premises and bites an individual in a public area, for example, in the neighbourhood." (Business Tech)
If you have been bitten by a dog then there are certain things that you need to take note of. For instance in making a claim you need some sort of medical evidence, that could mean photos or a medical report.
This means that if you are ever attacked then you should seek medical advice and attention immediately, not just for your well-being but for your claim. In addition, you may need a witness testimony, so be aware of any witnesses and make sure to take down their details.
Whether or not you are pet owner or have been a bite victim, the main thing to remember is that being around a pet isn't just a black and white responsibility. They are ultimately animals and sometimes they can experience something that is unexplainable.
So make sure to take the necessary steps to act responsibly as a pet owner and educate your family as well. If you truly consider them family then you will protect them and others as well.
Image Courtesy of Unsplash Website