A woman who was attacked by a pit bull while swimming at the Harmony Park Resort in Strand seven years ago is closer to finally receiving damages for her wounds and post-traumatic stress disorder, as the Supreme Court of Appeal (SCA) dismissed the City of Cape Town’s application challenging its liability.
SCA Judge Mahomed Navsa found Fatiema Carelse could not have known when she set out with friends and family on a bus trip that it would turn into a nightmare.
He found wrongfulness and negligence on the City’s part had indeed been established.
The incident happened in December 2013 at the day camp in Strand, which was run by the City.
The dog was owned by Quinton Eksteen and brought to the camp by Dylan Eksteen, through a section that was unfenced and unpoliced – in contravention of the City’s by-laws, reports the Cape Times.
The dog bit Carelse while she was swimming in a tidal pool.
She instituted action against the City, arguing negligent breach of a legal duty to ensure the safety of visitors.
The City argued that the dog was brought onto the premises unlawfully and in the face of notice boards that indicated dogs were prohibited entry.
But the court nonetheless held the City liable for any damages that Carelse might prove; and Quinton, as owner of the pit bull, for a 50% contribution to the City.
Judge Navsa noted that from witness evidence, the resort was also understaffed.
City spokesperson Priya Reddy said the City was studying the judgement and could not comment.