Cape Town – The Western Cape High Court has ordered the City to pay half the damages to a woman who was attacked by a dog at a public swimming pool.
The incident happened on December 7, 2013, while Fatima Carelse was visiting the Harmony Park Day Camp section in the Strand.
Zulfa Carelse, Fatima’s niece, was called to testify in the case and said she had accompanied Fatima and a group who had travelled by bus to the day camp.
Judge Wesley Vos said: “(Zulfa) stated that they arrived at the day camp sometime between 9am and 10am. She was also in the swimming pool together with (Fatima), and they were playing with a ball. There was a large group of people in the swimming pool, and she noticed a dog that was on a leash outside the swimming pool.”
Zulva, who at the time was playing with a ball in the swimming pool with Fatima, then noticed the dog’s leash was loosened.
The dog then jumped into the pool and attacked Fatima.
The dog’s owner, Dylan Eksteen, chased after the dog in an attempt to stop the attack “but he was also bitten by the dog”.
Eksteen was ordered to pay the other 50% arising from the injuries and damages Fatima suffered as a result of the attack.
Judge Vos said: “On the day of the incident, the City owed a legal duty to the plaintiff to ensure her safety at the day camp. On the day of the incident, the plaintiff’s safety was not ensured because she was bitten by a dog.”
As depicted by exhibits, the day camp, which was supposed to be secured for patrons, has a “free entrance” to the side of the venue through which Eksteen, who was 16 at the time of the attack, gained access.
An inspector employed by the City, Lourens Fourie, testified for the City and said “although no dogs were allowed inside the day camp during December and the summer months, dog owners were told on a daily basis to remove their dogs from the day camp”.
During Fourie’s testimony he said “if (patrons) did not obey an instruction to remove the dogs, they could be fined, and dogs could also be confiscated”.