Question posted in the General Law category relating to Gauteng
On 22 February, my dog bit my neighbour.
My son and his girlfriend were taking my 2 mini daschunds for a walk.
They just left my unit and were walking down towards the gate when the neighbour was walking up towards her unit. They turned the corner and she bent down towards my dog and patted her knees and said "what cute dogs".
My boy, who was already excited about going for his walk, jumped up on her leg and then nipped her right upper thigh.
The husband of the neighbour came to my door and told me my dog had bitten her.
I didn't know how it happened at that time until my son came back home. I asked to see the bite and it was 3 small puncture wounds. Not bleeding, no stitches required - just looked like a bruise was starting to form. She was walking fine as well.
I told him to take her for a Tetanus injection and I would pay for it.
A month later he arrives with a bill of R3,055.87 - Tetanus plus 4 or 5 Rabies shots.
Long story short, I paid half of the bill considering she is the one who engaged with the dog by bending down towards him and patting her knees (which is practically calling the dog over to her).
Last week I received a summons where she is now suing me for R200,000 - R100,000 for past medical expenses (the bill as stated previously was R3,055.87 of which was claimed from her medical aid and to which I paid half of), and another R100,000 for emotional stress, permanent disfigurement and loss of amenities of life......it states on the summons "deep laceration and large scar"....this simply is not the case.
There was no deep laceration as she didn't require stitches as it was 3 small puncture wounds and there shouldn't be a large scar (probably on the 3 dots where the punctures were).
I have no idea about loss of amenities of life as she was walking perfectly fine 5 minutes after the actual incident when I called her over to see the bite...she wasn't limping or anything and she is a house wife and doesn't work.
I have been referred to a legal advisor to assist me at an affordable rate but I would just like to hear from a few different lawyers on what there opinion is of this case and whether the plaintiff is being ridiculous in her claim and if I actually have a good chance of defending myself.
I would appreciate your opinion very much.
Thank you.