GEORGE NEWS - Although in big parts of George, responsible pet ownership is a myth or a superpower and animal welfare organisations have their hands full, some residents care deeply for their animals and try to stick to the rules.
For those who weren't aware of the fact, George pet owners are actually governed by municipal by-laws designed to ensure the well-being of both residents and animals.
These regulations encompass various aspects of pet care, with a particular emphasis on dog ownership.
Leash and public space regulations
Dogs are not allowed on the sandy beaches of the George Municipality, including Herold's Bay, Victoria Bay, and Gwaiing river mouth. However, Glentana beach and Kleinkrantz have designated leash-free zones and Wilderness main beach has dog-friendly zones.
Additionally, in public streets, places, or roads, dogs must be on a leash, and owners are required to carry sufficient plastic or paper bags to remove and dispose of their dog's excrement properly. Failure to comply with these regulations can result in fines or other penalties.
Pet identification
It is recommended (and often required) that dogs be microchipped or wear identification tags with the owner's contact details. This helps if a dog gets lost or runs away.
Dog bite liability
In South Africa, dog owners are held strictly liable for injuries caused by their pets, based on the legal principle known as the actio de pauperie. This means that if your dog bites someone who is on your property lawfully and has not provoked the animal, you are responsible for the damages. However, if the person was trespassing, provoked the dog, or was negligent, these factors may serve as defences against liability.
Therefore, if your friend enters your yard unannounced and is bitten by your dog, you could be held liable, especially if the dog was not provoked and your friend had a legitimate reason to be on your property.
It's crucial to ensure that visitors are aware of your dog's presence and to take necessary precautions to prevent incidents.
However, if someone enters your yard without your knowledge or permission - especially if they are aware of the dogs on your property - this can significantly reduce your liability. In legal terms, this person could be considered a trespasser or someone who has assumed the risk of potential injury, especially if they entered despite clear warning signs such as "Beware of Dog" notices. In such cases, if the person is bitten, it could be argued that they knowingly took the risk of harm by entering your property uninvited.
Photo for illustration by Josef Fehér/Pexels
Your dog bites someone outside your property
If your dog escapes your property and bites someone on the street or in a public place, you could be held liable for the injury.
As the owner, you're responsible for any injuries caused by your dog, even if it wasn't provoked.
If your dog got out due to your failure to maintain proper fencing or secure gates, you could be found negligent. If, however, your dog escaped due to unforeseen circumstances, such as someone tampering with your property, this may be taken into account.
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