Understanding your legal rights after a dog attack in your community

A Claremont resident was left in shock after her dog was attacked by two dogs escaping an open gate.

The incident happened over a month ago, though the Claremont resident, who prefers not to be named, and whose identity is known to the Tatler, said she would like to raise awareness among all dog walkers in the area to be vigilant when walking their dogs in the area.

The resident said she was taking her dog out for his daily walk on a leash in Garfield Road, Claremont, when she saw two dogs running out of an open gate of a property, and ran towards them and attacked her dog.

“Those two dogs attacked my dog, and while I was trying to move my dog away, I fell on the ground,” she said.

Her dog has sustained injuries like broken skin and grazing, while she hurt her knee and shoulder when she fell to the ground. 

The resident did approach the owners of the residence, who denied that any injuries to her dog or herself were caused by their dogs.

Since the dog attack, she said she is too afraid to walk down that road again. She said she did approach law enforcement, who did give the dog owners a warning.

The Tatler reached out to law enforcement to ask what steps residents can take if they or their dogs are attacked by another owner’s dog.

Law Enforcement spokesperson, Wayne Dyason said the City’s Law Enforcement Department can deal with the By-law transgression if a dog attack occurred when an owner's gate is open and unsecured, though when it comes to any liability, it is between the victim and dog owner. “A civil claim can be made,” he said.

Mr Dyason said that if the victim wants to make any financial claims from the dog owner and the dog owner does not want to take responsibility, the victim can take the matter to the small claims court.

My Dyason said that if law enforcement investigates any instances where dogs run out of an unsecured property, they will first give the dog owner a warning.

“If the action persists, then a fine may be issued; alternatively, the person can be summoned to court to answer the allegations. Ultimately, the dog can be impounded if the court orders,” he said.

Mr Dyason said that the City’s Animal Control Unit (ACU) attends to dog attack cases.

“A person who keeps any animal must ensure that it is kept under proper and effective control when it leaves the premises where it is kept and that it does not endanger any person, animal or property when it leaves the premises,” he said adding that failure by the owner to do so, can lead to a fine of up to R5000 and/or impoundment of the dog if a court orders so.

Mr Dyason said the public can assist in making complaints by providing details like the address and name of dog owners so that officers can fine the offender.

“ It will require a statement from the witness who must be prepared to testify in court if the offender denies the accusation,” he said.

Complaints can be directed to the City’s Public Emergency Communication Centre ( PECC) by phoning 021 480 7700.