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ARTICLE · 18 SEPTEMBER 2026

Dog-Bite Liability – And Trespassing Boundaries – Actio De Pauperie

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When a neighbour's watchdog bites someone who repeatedly puts their head over a boundary wall despite warnings, does the dog owner face strict liability? This South African case examines the actio de pauperie remedy and explores when an injured party's own conduct can defeat a claim, offering critical insights for insurers assessing dog-bite liability claims.

South AfricaInsurance
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Article by: Noluthando Thwala (Candidate Attorney, Insurance & Financial Services department)
Reviewed by: Mtho Maphumulo (Partner, Insurance & Financial Services department)

Brief facts

In the recent dog-bite judgment, the plaintiff brought an action of actio de pauperie (a Roman-Dutch law strict liability remedy that allows a person to claim compensation from the owner of a domestic animal when that animal causes damage or injury while acting contrary to its normal nature) against the defendants after being bitten on the mouth by King, a dog owned by the First Defendant. The plaintiff and the defendants were neighbours, with a boundary wall separating their properties. King had been acquired specifically as a watchdog for the defendants’ household.

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