Public liability
Are you liable for a loss or injury that occurs on your property?
A Pretoria dog owner was ordered to pay over R50,000 in damages to two cyclists who were injured when his dog rushed at them from behind some dustbins. This caused the cyclists to fall off their bikes and sustain significant injuries.
What is public liability? If someone on your property dies, injuries himself or sustains damage to his own property, you can be held accountable. The plaintiff can make a claim against you for medical costs, both for current injuries and future health problems that may arise out of the incident. He or she can also claim to replace or repair damaged property, for loss of income, legal costs and even pain and suffering caused by the accident.
What could happen? Arinda Truter of SchoemanLaw Inc. explains: “Let’s say, for example, you park your Landrover in your driveway but forget to pull up the handbrake. The car rolls back into the opposite neighbour’s car while his wife is sitting in the car and it damages the car and she breaks her leg. The neighbour will have a damages claim for the damage to his car and his wife will have a claim for her medical bills. If the parties cannot decide on amounts to be paid, it will need to go to court and the amounts proven.”
Are you liable? Truter explains: “A property owner would be responsible for all incidents wherein he/she was negligent. This would not include incidents like a neighbouring child falling into your pool while you are not at home or your dog biting someone coming into your yard. However, if you offer bad working conditions and your domestic worker falls, then you can be held liable.”
How will you pay? These claims may run into hundreds of thousands of Rands. In the event of a death on your property, the claim could amount to millions. If you do not have the proper insurance such a claim could bankrupt you.
What is public liability insurance? Public liability insurance protects you against a claim of personal injury or property damage.
- Most homeowner’s policies, either house structure or house contents insurance offer public liability insurance. The amount, included in your total monthly premium, is nominal.
- Standard cover could be anything from one to five million Rands, with some insurance companies offering top-up or extended cover which would include damages in excess of the standard cover.
- If you are not sure if your policy covers public liability or how much you are covered for, check today or speak to your broker.
- As with any contract you sign, check the fine print. Know what is covered and what is excluded.
- Business owners who deal with the public also need public liability insurance.
If you would like any additional legal advice and assistance, contact your employee wellbeing programme to access the legal wellbeing service. You will have a free telephonic consultation and may then be referred to an attorney.
Dog bites
The Animal Matters Amendment Act 1993 (42 of 1993) governs the responsibility of dog owners. The Act states that if the owner of a dog is found to be negligent and this results in injury to another animal or person, the owner is liable and may need to pay a fine or be imprisoned for a period not exceeding two years. You will be charged criminally if your dog has been used as an instrument to commit a crime. In civil law, your ownership of the dog makes you responsible. If a human gets bitten by your dog, as the dog’s owner, you are responsible. However, bylaws state that no person may harass or tease any dog that may cause the animal to react out of stress or fear. If an intruder enters your premises without permission and gets bitten, he will have no claim again you. The court looks at each case on its own merits and makes findings based on the law.
Resources
- Arinda Truter, SchoemanLaw Inc
- National Council of SPCAs (NSPCA), nspca.co.za