A Mpumalanga homeowner is being sued for more that R1-million by a man who was walking past his property when he was attacked by two Boerbull dogs, which are normally kept behind locked gates.
Johannes Ackerman of Standerton was walking past the property belonging to G F Breytenbach when Breytenbach’s two dogs started barking viciously, jumped up against the front gate, dislodged it, ran across the road and attacked him, dragging him to the ground.
He was rescued when one of Breytenbach’s workers called off the dogs and took them back inside.
The case is underway in the Pretoria High Court and is one of many claims against property owners that end up in the courts each year. Grant Gunston, a senior partner at Grant Gunston Attorneys says that litigation against property owners is increasing.
He cannot comment on the case that is underway in the Pretoria High Court. However, he points out that there are many other incidents were people are injured on someone’s property – or near to it – and then try to claim damages from them.
“For instance the case of Swinburne vs Newbee Investments a tenant successfully sued the owner of a block of flats for damages after the tenant broke his leg while walking down stairs. The stairway did not have a handrail,” says Gunston.
He points out that the lease between the landlord and the tenant did have an exclusion clause but that clause was inadequate because it referred to physical property and not to people, whether tenants or visitors.
He warned landlords to ensure that the exclusion clause in a lease is properly worded and totally comprehensive so that the owner cannot be held liable for any damage, whether to property or persons.
“The body corporate in each block should post signs to this effect in a prominent place such as the entrance to the foyer,” he added.
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