Pets welcome in Kalk Bay and St James
Residents make pets welcome
Lots of residents have dogs in this very pet-friendly area. The dogs love the beaches in St James and Kalk Bay which are 30 minutes drive from Cape Town. There are lovely walks to enjoy with your dogs in the Table Mountain National Park which is above the houses. The view includes False Bay and there is a variety of Fynbos to admire.
Do you need a Beware of the Dog sign?
I have recently placed a BEWARE OF THE DOG sign on my gates. Why? Every day, one sees plenty of dog owners walking their dogs In Kalk Bay and St James, usually without incident. When my partner and I met, we had seven dogs between us. We each had a special car for our dogs! They always enjoyed each other’s company and there were no fights. In general, I make visitors’ pets welcome in my home. However, recently my partner was badly bitten by a visiting dog. So I found this article very interesting:
|YOUR DOG, CAT OR COW (EVEN YOUR BEES) COULD COST YOU MILLIONS|
Our law will generally hold you liable for damages only if someone else can prove that you caused them loss/damage/injury through your “fault” (intent or negligence). That seems fair and logical – if it’s your fault, you pay.
If however the loss was caused by your animal/s, you are in a much more dangerous position – you can be sued on a “no fault” or “strict liability” basis. And that’s a sobering prospect. It means that bad behaviour by Maxie the Mongrel, Skollie the Cat, Daisy the Cow, or even (per an old 1926 case) your “domesticated” swarm of bees, could leave you with a bill for millions without your being in any way careless or at fault.
Ignorance of that risk is very definitely dangerous rather than bliss.
A recent High Court case illustrates.
R2.3m claimed by a dog attack victim
Liability and the law
First step obviously is to reduce the risks your animals pose to others. Then check that your insurance will cover you if you are sued. Disclaimers of liability need careful wording to afford any hope of protection.
Source: This article was sent to me by Mark Elmes and is used with his permission. www.elmselaw.co.za