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ARTICLE · 06 NOVEMBER 2021

Who Is Liable For A Dog Bite Injury

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Dog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises.

South AfricaLitigation, Mediation & Arbitration
Jean-Paul Rudd
Jean-Paul Rudd
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Dog bites incidents are a frequent occurrence in society. Sadly, many people have been bitten by dogs roaming around freely outside or whilst visiting a premises.

Who is liable for the injuries sustained from a dog bite or from other domesticated animals?

ACTIO DE PAUPERIE

For liability (to succeed with an action) under the actio de pauperie, the animal must have acted contra naturam sui generis. In plain English this means that the animal must have acted against its 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 contra naturam 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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