Areas of Practice

Our expertise in our field goes beyond injury litigation and third party claims. See how Shayne White Attorneys can assist you in other areas of the law.

Third party claims against the RAF

What is RAF claim?

A Road Accident Fund claim, also known as a third party or personal injury claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury, or death as a result of a motor vehicle collision.

Dog bite claims

When can you claim damages as a result of a dog bite?

If you’re injured as the result of a dog attack you may be able to claim damages from the owner of the dog. For example, you can claim hospital and other medical expenses, as well as general damages for shock, pain and suffering.

Damages caused by a dog can be claimed from the owner through the Actio de Pauperie. The owner of the dog will be liable for damages if the complainant is successful in proving:

  • that a certain person is the owner of the animal at the time of infliction of the injury;
  • that the animal is domesticated;
  • that the animal acted contrary to the nature of a domesticated animal; and
  • that the conduct of the animal caused the plaintiff’s damage

Circumstances affecting a claim

A claim against a dog owner may be rejected if the owner can verify that:

  • the dog was provoked to attack, for example by someone hurting the animal
  • the victim wasn’t entitled to be on the property where the attack occurred
  • the victim was warned of the inherent danger but chose to interact with the animal anyway
  • the animal didn’t behave in a way “contrary to its nature”, meaning that the attack should reasonably have been expected and avoided by the victim.

Public Liability

What is a public liability claim?

Examples of public liability claims:

  • Injuries caused by dangerous footpaths or pavements, pot holes, steps or staircases.
  • Slips or Trips inside supermarkets, shopping centers, stores, car parks, amusement parks and restaurants etc.
  • Injuries sustained whilst commuting on trains or at train stations.
  • Injuries sustained at your friend’s house.

Medical Negligence

When can you claim damages as a result of a dog bite?

If you’re injured as the result of a dog attack you may be able to claim damages from the owner of the dog. For example, you can claim hospital and other medical expenses, as well as general damages for shock, pain and suffering.

Damages caused by a dog can be claimed from the owner through the Actio de Pauperie. The owner of the dog will be liable for damages if the complainant is successful in proving:

  • that a certain person is the owner of the animal at the time of infliction of the injury;
  • that the animal is domesticated;
  • that the animal acted contrary to the nature of a domesticated animal; and
  • that the conduct of the animal caused the plaintiff’s damage

Circumstances affecting a claim

A claim against a dog owner may be rejected if the owner can verify that:

  • the dog was provoked to attack, for example by someone hurting the animal
  • the victim wasn’t entitled to be on the property where the attack occurred
  • the victim was warned of the inherent danger but chose to interact with the animal anyway
  • the animal didn’t behave in a way “contrary to its nature”, meaning that the attack should reasonably have been expected and avoided by the victim.

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Insolvency

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  • It is the spirit and not the form of law that keeps justice alive
    - Earl Warren

  • A law is valuable, not because it is a law, but because there is right in it.
    - Henry Ward Beecher

  • Every new time will give it's law
    - Maxim Gorky

  • Law is order, and good law is good order
    - Aristotle