How to claim compensation for a dog bite

You claim compensation for a dog bite from the dog's owner, and in most cases you do not have to prove that the owner did anything wrong. Under South African common law the owner of a domestic animal is strictly liable for harm the animal causes when it acts contrary to the nature of a well-behaved animal of its kind. A dog that bites a person walking past is the textbook example. You have three years from the date of the bite to bring the claim under the Prescription Act 68 of 1969, and only six months to give written notice if the dog belonged to an organ of state such as the police or a municipality.

"Strictly liable" means liability without fault. You prove that the owner owned the dog, that the dog acted against its nature, and that you were harmed as a result. The owner can escape only by proving a recognised defence. This is a much easier claim to establish than an ordinary negligence claim, and it exists precisely because dogs are kept for the owner's benefit and the owner is the person best placed to control them.

How the claim works

There are two possible routes and you can use both in the same claim.

The strict liability route. Against the owner, for harm the dog caused by acting contrary to its nature. Biting, attacking, or knocking someone down in an unprovoked rush all qualify. A dog that bites while being kicked or teased is a different matter, because the owner will say it was provoked.

The negligence route. Against the owner or against whoever was in control of the dog, for failing to take reasonable care. Examples are a dog walker who lets an aggressive dog off the lead in a park, a security company whose guard dog is loose, or an owner whose gate is left open on a busy street. Here you must prove carelessness, but the claim reaches people who are not the owner.

Under either route you claim the same heads of damage as in any personal injury case: past and future medical expenses, past and future loss of earnings, and general damages for pain, suffering, scarring and psychological harm. What can I claim for in a personal injury case? explains each one.

The defences the owner can raise

• Provocation. The dog was teased, hit, or cornered and reacted as any dog would. This is the most common defence.
• Unlawful presence. You were somewhere you had no right to be, such as inside a fenced property without permission. The strict liability rule protects people who are lawfully where they are.
• Fault of a third party. Someone else, for example a person who opened the gate or set the dog on you, caused the attack.
• Your own negligence. If your own carelessness contributed, the Apportionment of Damages Act 34 of 1956 can reduce the damages in proportion, even where the owner is otherwise liable.
• The dog was not acting contrary to its nature. A dog that reacts to a genuine attack on its owner may be behaving as a dog would. This is argued case by case.

A "beware of the dog" sign on its own is not a defence. It may support an argument that you were warned, but it does not turn a lawful visitor into a trespasser.

How to claim step by step

1. Get treatment and a record of it. Dog bites infect easily and may need a tetanus booster and, depending on the dog's vaccination status, rabies treatment. The clinic note is also your first piece of evidence.
2. Identify the owner. Get their name, address and phone number, and note the dog's description. If the owner refuses, neighbours, the municipality's animal control unit or the SPCA may help.
3. Report the bite. Most municipalities have by-laws on dangerous dogs and a process for reporting bites. A report creates an independent record. A police report is worthwhile if the owner was aggressive or the dog was set on you.
4. Send a letter of demand. Set out what happened, that you hold the owner liable, and what you are claiming. Ask the owner to pass the letter to their household insurer, because personal liability cover is common and it is the insurer that usually pays.
5. Negotiate. Many dog bite claims settle with the insurer without going to court.
6. Issue summons if needed. In the Small Claims Court if the amount fits, otherwise in the Magistrates' Court or High Court, and always before the three-year deadline.

A worked example

Zanele is a 36 year old nurse walking to the taxi rank on a public pavement. A neighbour's dog pushes through a broken section of fence and bites her forearm and calf. She needs fourteen stitches, a course of antibiotics and a tetanus booster, misses four shifts, and is left with visible scarring on her arm. She develops a fear of dogs that a psychologist later treats over six sessions.

The figures are illustrative only, made up to show how the claim is built. They are not a prediction of what any claim would pay.

• Past medical expenses: the emergency visit, stitches, antibiotics, dressings and the psychologist's sessions, R11 800.
• Past loss of earnings: four shifts at her hourly rate, confirmed by her employer, R4 900.
• Future medical expenses: a plastic surgeon reports that scar revision would improve the appearance of her arm and quotes an estimate, supported by a written report.
• General damages: an amount for the pain of the bite and stitches, the permanent scarring on a visible part of her body, and the psychological harm, assessed by reference to earlier awards for similar injuries.

The owner's insurer first argues that Zanele provoked the dog by walking too close to the fence. That is not provocation. It then argues that the fence was broken by a storm the night before and the owner could not have known. Under strict liability that does not matter, because the owner's carelessness is not the issue. The claim settles.

Had Zanele climbed over the fence to retrieve a ball, the unlawful presence defence would have been in play, and her position would have been much weaker.

What to do this week

• See a doctor or clinic today if you have not, and ask for a written note recording the bite and the treatment.
• Photograph the wound now and every few days as it heals. Scarring is proved with photographs over time.
• Write down what happened, where you were standing, what the dog did, and what the owner said.
• Get the owner's details and the details of anyone who saw the attack.
• Report the bite to the municipality and, if appropriate, the police, and keep the reference numbers.
• Start a folder for every receipt, sick note and letter.

Evidence to gather

• clinic and hospital records, including any note on infection or rabies risk
• photographs of the wound over time, and of the property, gate or fence
• the owner's name and address, and proof of ownership if disputed (neighbours, vet records, a municipal dog licence)
• witness statements
• any municipal or police report
• proof of income and every receipt
• for a security or working dog, the name of the company and any contract or signage

Realistic timeline

• Treatment and healing: weeks for the wound, months before scarring can be properly assessed.
• Letter of demand and insurer response: one to three months.
• Settlement negotiation: three to nine months for a straightforward claim.
• Small Claims Court: a few months from summons to hearing.
• Magistrates' or High Court: a year or more, although most claims settle earlier.

Common mistakes and what they cost

• Not identifying the owner on the day. An owner who cannot be traced cannot be sued.
• Not seeking treatment. No medical record means no proof of injury, and an untreated bite can become a serious infection.
• Accepting a small cash payment on the spot. If you sign anything in return, the claim may be over.
• Confronting the owner and giving them a reason to allege provocation. Keep it calm and put everything in writing.
• Settling before the scar has matured. Scarring often looks worse, not better, months later, and general damages depend on it.
• Suing the wrong person. The owner is strictly liable. The person walking the dog may be liable in negligence. Name the right defendant, or both.

Your rights and the owner's rights

You have the right to: claim from the owner without proving negligence; claim from anyone else whose carelessness contributed; recover medical costs, lost income and general damages; and report a dangerous dog to the municipality.

The owner has the right to: raise provocation, unlawful presence or third-party fault; argue that you were partly to blame; dispute the amount claimed; and have the matter decided by a court.

If you cannot afford an attorney

Most dog bite claims are modest in size and are good candidates for the Small Claims Court, which hears claims up to its monetary limit, without attorneys, where the claimant is a natural person. The owner, or the owner's insurer behind the scenes, has to respond. Check whether your claim fits with our small claims court calculator and see court fees for what a summons costs in other courts. Our prescription checker confirms your deadline.

For a serious attack with permanent injury, an attorney may take the matter on a contingency fee agreement under the Contingency Fees Act 66 of 1997, which must be in writing and caps the success fee. Read How does no win no fee work in South Africa? before signing. Legal Aid South Africa can be reached on 0800 110 110 and applies a means test. What does claims and compensation cost? sets out the usual fee models.

Frequently asked questions

People often ask whether a bite from a dog at their workplace is a dog bite claim or a workplace injury claim. If the dog belonged to the employer, the injury on duty route through the compensation fund usually applies and generally excludes a claim against the employer. If the dog belonged to a client or a third party, the ordinary claim against the owner remains. People also ask what happens if the dog was a stray. Then there is no owner to sue, and the claim usually fails unless someone had taken the animal in and was keeping it. And people ask whether the dog will be put down. That is a municipal and SPCA matter, separate from your compensation claim, and your claim does not depend on it.