INJURIES CAUSED BY DOGS

Compensation

The law in this area is regulated by the Dog and Cat Management Act 1995 . Under the Act, the owner or person into whose possession a dog has been delivered is responsible for any injury, loss or damage caused by her or his dog. A victim only has to show that there has been damage and that this was caused by the dog. It is not necessary to show that the person responsible for the dog was negligent or knew that the dog was vicious or dangerous (Vanderkop v Harding[2000] SASC 100). However, where:

the dog was provoked
the damage was caused by another animal attacking the dog
the injury was to a trespasser
the dog was being used in reasonable defence of a person or property
the dog was in someone else's possession or control without the owner's consent, or
the injured person contributed to the occurrence of the injury
the person responsible for the dog may only be partially liable or not at all.

Most household insurance policies provide public liability cover for injuries caused by dogs on the owner's property. All dog owners should make sure that they have this type of insurance. It is also possible to buy legal liability insurance which protects dog owners no matter where the injury occurs.