Cape Town - A dog owner will have to cough up just under R100 000 for the medical bills of a woman who was bitten by his Siberian husky when she had visited their home in 2014.
The Western Cape High Court awarded Micayla Marshall costs for past and future medical bills she had incurred and could still incur as a result of Theo Pillay’s dog attacking her shortly after she arrived at Pillay’s home for a social visit with his son.
Marshall was 17 at the time she was bitten on her forearms, and suffered a number of injuries as she tried to protect herself from the dog, which allegedly lunged at her throat.
The judgment read: “She testified that on the day in question, she and her sister were invited to the home of the defendant’s (Pillay’s) son to attend a social gathering. She was driven there by her mother. Upon arrival, she notified Pillay’s son that she had arrived.
“She got out of the car and her sister followed suit. She explained that the house has a boundary fence which is half wall and half fence. There is a pedestrian gate and a sliding gate five or six metres in length.
“Pillay’s son came out of the front door, which is behind security gates.
“He told her to enter through the sliding gates by the garage, and proceeded to open the gate with a remote control. Marshall noticed that there was a dog wondering around in the front yard, but paid no attention to it,” the judgment went on.
“When the gate opened, two dogs came running out. The one, a Siberian husky, which she described as big, ran towards her and without warning, launched itself towards her throat.
“She raised her arms to ward off the attack, which resulted in both her forearms being bitten.
“Her sister and mother rushed to her aid… (Pillay’s son) was still behind the fence when the attack occurred. He seemed in shock. He immediately rushed toward the dog to get it under control.
“She explained that the dog’s face was covered in blood. She was in shock, shaking and crying and was covered in blood.”
Marshall, who was in matric at the time, testified that the incident traumatised her.
“She and her sister attended the school counsellor to talk about the incident. She testified that during this period, she felt very self-conscious and embarrassed about the puncture wounds on her arms, as some people had assumed that she had self-harmed.
“She stated that she was very angry at what had happened, and asked her mother to report the incident at the police station and the local city law enforcement. She testified that she has received subsequent therapy for her anxiety towards dogs,” the judgment read.
Pillay submitted that Marshall had pulled the dog’s hair and hit it and it “retaliated against the unwarranted attack” – but he did not prove his case and the court found that “the question of provocation or negligence does not feature in this matter”.
Western Cape High Court Judge Deidre Kusevitsky made a judgment against Pillay in the amount of R50 000 in respect of general damages, with Marshall being entitled to a further amount of R37 567.61 for past medical expenses, and an amount of R4 620 for future medical treatment, in the form of six physiotherapy sessions at R770 a session.
Cape Times