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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience:  L.LB (UOVS)
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Our small champion dog ( imported ar about R80,000) was killed

Customer Question

Our small champion dog ( imported ar about R80,000) was killed by our neighbors three big dogs . We are not sure if ours got through the fence to the neighbors yard or vice versa. He found on the neighbors lawn. We did not even known the neighbors who have recently moved in had dogs. Who si responsible, and can we claim damages form the neighbours ?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
For you to hold your neighbours liable for the killing of your dog, you would have to prove that they were negligent in some or other way and that the negligence resulted in the death of your dog.
There is no obligation on your neighbours to inform you that they have dogs once they move in or at all. If the fence between the two properties has a hole in it somewhere, or one of the dogs dug a hole underneath and either your dog climbed through the hole or one of the other dogs pulled him through the hole, then chances are that, as far as the law goes, no one is to be held responsible and the damage will "lie where it falls".
So, unless there is something specific that you can mention or point to that your neighbours should have done or could have done to prevent this event from happening, I am afraid that it is unlikely that you would be able to hold them liable for the death of your dog.
I know that this is probably not the answer that you have hoped for, however, I hope that you can still get some value out of it. I try my best to provide you with a legally sound and accurate answer and however much it pains me, it is not always good news. Trust me when I say that I wish I could provide you with a more optimistic answer. If you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively