Legal Expert Says Dog Attack Victims Can Sue Owners and Mzansi Welcomes Announcement

• A legal expert has warned that dog attack victims can sue the pet owners following the death of a child
• Legal expert Machini Motloung said that the parents can sue for trauma, pain and suffering and funeral costs
• Public interest lawyer Richard Spoor said in the event of an attack, owners were liable under a civil claim

JOHANNESBURG - A legal expert has warned that dog attack victims can sue the pet owners. South Africans have welcomed the announcement and believe owners should face serious legal ramifications.

This comes after the death of an eight-year-old who was mauled to death by a pit bull that escape its enclosure. The child was declared dead at the scene after sustaining bites on the neck and chest. However, while the child’s parents can sue the owners, the legal battle ahead is long.

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Speaking exclusively to Briefly News, Sizwe Kupelo of the Sizwe Kupelo Foundation, which seeks to ban pit bulls as domestic animals, recommended that the matter should be resolved between the neighbours without them going to court.

“There are existing laws in the country which have to be upheld and implemented by authorities. Suing is a good move but if I were that owner given the fact that these are neighbours I would have tried to proactively engage the families.”

He said the owner should volunteer to pay for the costs of the child’s funeral as a way to find peace going forward.

“If there’s some kind of hostility and there’s some arrogance on the part of the owner then the victim’s family then should consider the legal route,” added Kupelo.

Legal expert Machini Motloung told SABC News that the parents can sue for trauma, pain and suffering and funeral costs. They will also have to prove that the child was in his rightful place when the attack occurred.

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Meanwhile, public interest lawyer Richard Spoor said in the event of an attack, owners were liable under a civil claim.

According to IOL, he said the owners could be taken to civil courts. He believes citizens who own “dangerous” animals should have insurance.

The public interest lawyer added that animals that pose a danger to community members could be put down.

Citizens react to the pit bull attack:

Jerry Nembalemba said:

“If you love the dog then assume full responsibility for any harm it might cause. Let's hope that in the future owners will be jailed.”

Mo Gats commented:

“They can sue, sure, but the life of their son cannot be bought back. Sad.”

Ndumiso Cyril Mthembu

“Pit bulls must be banned as domestic animals in SA, otherwise, we will always have a case like this one where a life is lost because of these dogs.”

Popie Maila wrote:

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“After compensating for the trauma the owner must be arrested.”

Sedumedi Maitsapo added:

“Put yourself in the owner's shoes, I think they are very traumatised and wish to reverse the situation let's pray for both families as well cause their lives will never ever be the same.”

Pit bull owners surrendering pets to SPCA leaves South Africans divided

Briefly News also reported the South African Pitbull Federation believes that lives are being lost due to irresponsible animal owners.

This comes as some pet owners opt to surrender their pit bulls to the Society for the Prevention of Cruelty to Animals (SPCA).

The federation’s Lins Rautenbach told EWN that it is sad that the SPCA is left cleaning up the mess. She said the upkeep of the surrendered dogs would strain the organisation.

Source: Briefly News