A walk in the suburbs of Zimbabwe in the morning or evenings will guarantee one a view of dog walking. Many homeowners have been prompted to keep dogs in the hope of safeguarding their property and deterring burglars. Others fall in love with them for reasons such as companionship, while some just make great fashion accessories. While many dogs are friendly and loyal companions, some dogs are vicious and can cause injury or even death. When a dog attacks a person, a careful assessment of the situation can help determine where liability lies. This short note addresses the civil liability for injuries caused by dogs, such as when a person is bitten, or knocked over by a dog.


Our law will generally hold you liable for damages only if someone else can prove that you caused them loss through your “fault”. However, if the loss was caused by your animal/s, you are in a much more dangerous position. When your dog hurts someone, you may have to reimburse the victim for medical expenses and damages for pain and suffering.


Dog owners, should be wary of attracting liability under the pauperian action for harm caused by domesticated animals. Under this action, a victim of a dog bite can claim damages, relating both to property and person, without having to prove fault on the dog owner’s part (it is a strict liability action in the sense that it does not require intention or negligence).[1]This action lies only against the person who was the owner of the animal at the time the injury was inflicted.


For one to succeed in a claim against a dog owner for a claim of damages caused by a dog they have to prove the following;

• the fact that the dog is a domesticated animal;
• that the dog’s behaviour was, in general, contrary to the nature of its species (contra naturam sui generis)

A dog owner’s liability to a victim can be financially crippling. Without warning, even the friendliest dogs can snap. Victims can claim for, among other things, past and future medical expenses, loss of income and general damages. Having regard to the strict liability that dog-bite incidents attract and, the limited defences, dog owners should seriously consider ways of reducing the risk.  The first step obviously is to reduce the risks your animals pose to others. Another way of reducing the risk would be to obtain insurance cover through a dog owners liability insurance which may cover these costs. While discussing dog owner’s liability insurance may not be common in Zimbabwe this ever-increasing aspect of personal liability would be relatively inexpensive and its premiums would be affordable to most dog owners.

[1] A Guide to the Zimbabwean Law of Delict: G Feltoe