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South Africa decisions
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Van Deventer v Botha (1523/2014) [2019] ZAFSHC 110 (4 July 2019)
The High Court held a dog owner liable under actio de pauperie after a boerboel attacked the deceased and the resulting wounds caused his death.
Cole v Pieterse N.O (11599/12) [2013] ZAGPJHC 394 (7 October 2013)
The court found that the plaintiff was aware her unannounced entry would provoke the dogs, as they always barked and rushed at visitors. The plaintiff was not expressly prohibited from entering, but her conduct in entering without knocking was considered rude and unacceptable. The evidence did not establish that Saartjie acted contra naturam sui generis; rather, her behaviour was consistent with her breed and territorial instincts. The defendant discharged the onus of showing that the plaintiff voluntarily accepted the risk and that the dog was provoked. The plaintiff failed to prove, on a ba…
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Thysse v Bekker (1475/2004) [2006] ZAECHC 139; 2007 (3) SA 350 (SEC) (31 October 2006)
The court found that the defendant was the owner of the dog, which was domesticated and familiar with the child. The evidence established that the dog bit the child during play, without provocation or justification. The expert evidence presented by the defendant was rejected in part due to reliance on unproven facts and a misunderstanding of the legal standard. The court held that the legal test is objective, requiring domesticated animals to suppress instincts to bite, especially in the absence of cruelty or provocation. The dog’s conduct was not what is expected of a well-behaved house pet…
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Walker v Redhouse (393/05) [2006] ZASCA 96; [2007] 4 All SA 1217 (SCA); 2007 (3) SA 514 (SCA) (31 August 2006)
The Supreme Court of Appeal held that the indemnity signed by Redhouse was clear and unambiguous in excluding liability for any injury sustained in the course of horse riding, regardless of the cause. The court found that the language of the indemnity covered all risks associated with horse riding, including those arising from the horse acting out of character. The court distinguished Lawrence v Kondotel Inns (Pty) Ltd on the basis of different wording and circumstances. Even if the horse had acted contra naturam sui generis, the indemnity constituted a complete defence to the claim. Accordin…
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Redhouse v Walker (17795/03) [2005] ZAGPHC 4 (1 January 2005)
The court held the horse bolted from inward excitement, not provocation, and declared the owner liable under actio de pauperie. Quantum was postponed.
Brahman and Another v Dippenaar (211/2000) [2001] ZASCA 138; 2002 (2) SA 477 (SCA) (29 November 2001)
The Supreme Court of Appeal upheld strict liability under actio de pauperie for injuries caused by a cattle owner’s beast and adjusted the costs order against the second appellant.
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