Pretoria - In a “dog bite” with a twist damages claim, two excited dogs kept in a complex are costing their owner dearly.
A pedestrian, who injured his arm after he was frightened by the two Jack Russell dogs which came running towards him through the gates of a complex, succeeded in his legal action.
Solomon Rafu turned to the Eastern Cape High Court, in Gqeberha, after his ordeal, when he turned around to try to run away from the dogs, but fell and injured his arm.
He blamed the dogs’ owner, Hugo van Rensburg, for the incident.
Van Rensburg admitted that the dogs ran into the street, but he said they did not harm Rafu.
Rafu said Van Rensburg should have controlled his dogs and ensured they did not run into the street.
Rafu said that as he was walking along the pavement, in the direction of the complex, a car stopped in front of the gate. It later emerged that it was Van Rensburg’s wife.
Even though the dogs were heading for Ms Van Rensburg’s car, upon seeing him, they started barking and came running towards him.
Rafu said he feared the dogs were going to bite him, and at that stage they were near his feet.
He waved and shooed them away but they did not respond, and there was no response from Ms Van Rensburg, who was still in the car.
In a bid to make sure the dogs remained in front of him, he moved backwards and tripped and fell.
Rafu admitted the dogs did not bite him, but he said he was terrified and he would not have fallen if it were not for them.
Van Rensburg testified that the dogs are kept inside, but did venture into public spaces, some mornings and before they go to bed, in their company. He said the public’s safety had never been a problem.
Van Rensburg said he opened the gates for his wife with the remote while he was in the kitchen.
It emerged that the door to their unit was not closed, and the dogs ran out and through the gates.
Van Rensburg said neither he nor his dogs were to blame, as they did not attack Rafu.
He said they ignored him and ran out of the gate as they were excited to greet his wife.
He said Rafu should have stood still and he was to blame, as he failed to look where he was stepping when he turned to run away.
Judge NG Beshe said Van Rensburg was at fault for not keeping his dogs under control.
The judge said he owed Rafu, as a member of the public, a duty of care to protect him and other passers-by from being attacked, or made to believe they were being attacked by his dogs.
It is not clear what Rafu is claiming, but the amount of damages payable to him will be determined at a later date.
Pretoria News