The dog allegedly escaped from its enclosure, jumped over the fence and went to the neighbour’s premises.A legal expert says the parents of the eight-year-old can sue for emotional trauma and even funeral costs from the owner of the dog.
According to Legal expert Machini Motloung, the parents also need to show there was no provocation of the dog. Motloung says should the parents sue there will be a factual inquiry where the owners will explain what care they took to ensure that the dog does not escape and whether warning signs were visible in their yard.
“The parents observed this horrific incident and in this instance, they can claim both special and general damages. With special damages – we talk of damages that can be quantified, easily quantified, such as your funeral expenses, they can claim that. And in terms of general damages – they can because they observe this incident they are able to claim nervous and emotional shock and trauma.”
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