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| the reasonable dog |

In dealing with actions for damages caused by animals, the courts have developed the concept of the ‘reasonable dog.’ The 1970’s case of Da Silva v Coetzee is just one of many cases which have dealt with concept of a reasonable dog.

 

On the evening in question, Mrs Da Silva was walking arm-in-arm with some friends while window shopping. The night-watchman as well as his guard dog, who was chained, were standing an alley way . The three women walked through the alleyway and the dog attacked Mrs Da Silva, bit her on the buttocks and scratched her shoulder blade.

 

There was a dispute as to what caused the dog to react in this way. The defendant alleged that the dog attacked Mrs Da Silva as a result of extreme provocation as she trod on the dog’s foot and hit the dog, without cause, as it stood up. They alleged that the dog had acted reasonably in the circumstances.

 

In stark contrast, Mrs Da Silva denied that she had stood on the dog, or that she had hit him. She alleged that she had walked three feet past the dog, before it attacked her, and that the dog had acted from vice or inward excitement, which was contrary to a domesticated animal of its kind. The dog had not been reasonable!

 

As a result of her injuries Mrs Da Silva was referred by her doctor to the hospital, she had suffered excruciating pain for two days. She was forced to stay in bed for at least one day, and as a result she had to hire someone to look after her children.

 

The court on appeal held that the defendant had not discharged the onus that the dog had been unreasonable and awarded damages to the plaintiff. In 1970’s values, R10.55 was awarded in respect of medical expenses, R2.05 in respect of hiring the nanny and a total of R50.00 was awarded for general damages.

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delport ward & pienaar

attorneys, notaries &  conveyancers
1st floor - cornerstone house

16 loop street

cape town

8001

 

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