Victims of dog attacks can seek compensation via a civil claim process and have the owner held liable for medical costs and damages for their pain and suffering.
This is according to labour lawyer Michael Bagraim, who added that the law covered such cases that sought to hold dog owners liable.
This comes as a wine and milk farmer made his first appearance in the Bonnievale Magistrate’s Court on Wednesday, following his arrest after his pit bulls attacked a female farmworker and her granddaughter last month.
In another incident last week, a Somerset East farmworker in the Eastern Cape had a narrow escape when she was attacked by the farm owner’s bull terriers.
Farmworker Maybel “Miesie” Tiervlei sustained open wounds on her leg and bruises to her body from the incident. The farm owner, Willem Nel, who was away at the time, said he offered Tiervlei R1 000 after the incident to seek medical care.
Bagraim said the farmer in both these cases had an absolute liability.
“Not only for all the medical costs, but also damages for pain and suffering. Most people have household insurance covering a claim from a dog bite victim. Both these cases are tragic. The victim must be recompensed appropriately.
There is also a criminal liability.
The law covers cases of this nature making the dog owner liable,” he said.
Bagraim said the victims should report the incidents to the police.
“The victim or the family must lay criminal charges at the police station. People need to have control over their animals. In both these cases the owner of the dogs was extremely negligent. This negligent behaviour must be punished,” he said.
In August three siblings, aged 14, 11 and 8 years old, were reportedly in the fields looking for firewood when they came across dogs that charged at them.
The 14-year-old tried to fight the dogs, while the younger siblings ran home to call for help.
Their 55-year-old grandmother, Thandeku Gladys Xanywa, rushed to the scene but was also wounded while trying to fight off the dogs from her grandchild.
Xanywa and her granddaughter were rushed hospital with serious injuries. The mother has accused the farmer of failing to take responsibility after the incident.
“We hoped the farmer would come to our home after the incident to find out what had happened and what he would do to assist us.
But the farmer has shown us that he doesn’t care or won’t take any responsibility for what happened to our family,” she said.
The matter has been postponed to October 25 for further investigation.
Cape of Good Hope SPCA spokesperson Belinda Abraham said victims of dog attacks should seek compensation via a civil claim process.
“Members of the public who fall victim to dog attacks can take criminal action under the Animal Matters Amendment Act no 42 of 1993. If a person is injured by a dog, they should report it immediately to the local police station as well as contact their local Law Enforcement office to take action under the same act, as well as the municipal by-laws, and if they believe the animal to be dangerous they can seek remedial action via this process,” she said.
Farmworkers Dialogue Movement chairperson Vuyisile Sikani said employers with dogs should do more to protect their workers.
“Safety comes first for workers in the workplace; workers should not be ordered to work in the dog’s yard or territory. Employees who have dogs should know that when they bite a worker, their dogs can be taken away and they can be held liable,” he said.
Cape Times