Owning a dog can be a very rewarding experience and a boundless source of unconditional love, but at the same time it also brings great responsibility.
I am not just talking about the responsibility to pay the veterinary bills, and feed and exercise your canine companion. If you own a dog, you also have a responsibility to prevent it from causing harm to anyone or their property.
What do you do if your beloved pooch puts you to shame?
The worst happens. Due to circumstances beyond your control your canine sinks his fangs into human flesh. There is blood, an injury, and a shocked and angry victim. Luckily it is a small wound, but before you can mouth an apology, the traumatised party storms off with the words: “You’ll pay for this; see you in court!”
Are you liable for the damage caused by your unfriendly pooch? Well, you could be, depending on the circumstances.
Damages caused by a pet can be claimed from the owner through the Actio de Pauperie. You will be liable for damages if the complainant is successful in proving:
What do you do now?
Well, you have to prove that you have a good defence. The onus will be on you, as owner of the dog, to prove a valid defence.
You will not be liable for the complainant’s damages if you can successfully prove:
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.