Dog bite victim, 84, wins R175 000

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File photo

Published Oct 6, 2015

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Durban - An 84-year-old Himeville woman who sued the owners of two dogs that bit her three years ago won R175 000 in damages in the Pietermaritzburg High Court on Monday.

Sylvia Codeghini’s claim against Peter and Patricia Hampson had been for R296 294.

She claimed R120 000 for general damages, pain and suffering, the loss of amenities of life and disfigurement; R126 294 for past medical expenses; and R50 000 for future medical expenses.

The case had been set down for trial to determine liability, but had been settled between the parties. She got R100 000 for past medical expenses and R75 000 for general damages. Court papers said that on November 14, 2012, near Thomas Street, the dogs bit Codeghini on her head, back, ear and body. The animals acted “contrary to the nature of their class”.

If the court had found the Hampsons were not the owners of the animals, or that they did not act contrary to the nature of their class, she alleged, the couple were negligent in that they knew or should have known the dogs were at times vicious, and were likely to bite strangers if they left the confines of their property.

The couple had failed to take steps to guard against the reasonable possibility their dogs might leave the property; they had a duty to ensure that when the driveway gates were opened, their dogs would not run out into the street and had failed to exercise due care and consideration for other lawful road users, neighbours and, in particular, the safety of Codeghini.

Also, they had failed to take steps to ensure that when the gates were open, the dogs were restrained from exiting the property.

Responding papers said that on the day of the incident, Patricia Hampson was walking her dogs. They were not on leads and permitted to walk unconstrained. A fight ensued between her dogs and Codeghini’s. Despite Codeghini’s being aware of the risks involved in intervening between fighting dogs, she did so.

The Hampsons said they were not liable for any loss or damage.

The Mercury

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