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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I need legal advice regarding a dog killing. Pit came out of

Customer Question

I need legal advice regarding a dog killing. Pit bull came out of house and crossed the street and we were walking 3 dogs. Pit bull grabbed Jack Russel and owner was not able to restraint dog resulting in the death of my Jack Russel. Pit bull owner refuses to pay for cremation of my dog. Thx Peter
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.

Good Morning

Unfortunately, in my opinion, you are going to struggle to claim the cremation costs from the owner. According to our law, cremating your dog is not a necessity and as a result, is not a type of damage that you can claim for.

This does not mean that you have no claim against the owner of the pit bull, but it would be limited to any veterinarian bills that you may have incurred to try and save the dog, as well as the value of the dog (in other words, the amount of money that you need to pay someone to get the same breed of 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

Customer: replied 2 years ago.
You did not touch the Malicious Damages Claim with the Police or any other remedy open to me. A R 400 breakfast can not only consist of toast? Please try harder.Thx
Expert:  WCLawyer replied 2 years ago.

Peter, I understand that you are upset. I too would be upset if something were to happen to my dogs.

You asked me a question about a very particular point (which did not consist any queries with regards ***** ***** damage to property), which I answered in my opinion, to the point. I also offered you the opportunity to ask additional questions, which I am glad you made use of.

With regards ***** ***** question on malicious damage to property: It is only going to be a malicious damage to property if the owner encouraged his dog to go after your dog. It may very well be that the owner of the dog did, however, transgress certain Municipal by-laws that require him to ensure that the dog is kept in his yard. Unfortunately I cannot say for certain that such a by-law does exist, but the Municipality will be able to assist. There is no database that I can access to check to establish this.

Customer: replied 2 years ago.
I just learnt a R 400 lesson!
Expert:  WCLawyer replied 2 years ago.

Like I said, Peter. Unfortunately I can only give advice on the law as it stands and it is not always what we want it to be. Nothing I can do about that, unfortunately.