If you’re injured as the result of a dog attack you may be able to claim damages from the owner of the dog. For example, you can claim hospital and other medical expenses, as well as general damages for shock, pain and suffering.
Damages caused by a dog can be claimed from the owner through the Actio de Pauperie. The owner of the dog will be liable for damages if the complainant is successful in proving:
- that a certain person is the owner of the animal at the time of infliction of the injury;
- that the animal is domesticated;
- that the animal acted contrary to the nature of a domesticated animal; and
- that the conduct of the animal caused the plaintiff’s damage
A claim against a dog owner may be rejected if the owner can verify that:
- the dog was provoked to attack, for example by someone hurting the animal
- the victim wasn’t entitled to be on the property where the attack occurred
- the victim was warned of the inherent danger but chose to interact with the animal anyway
- the animal didn’t behave in a way “contrary to its nature”, meaning that the attack should reasonably have been expected and avoided by the victim.