Civil Procedure

Actio de Pauperie

A common law action against the owner of an animal for damage caused by the animal acting contrary to its nature (ferae naturae for wild animals, or contrary to training for domestic animals).

Legal Definition

Under the Roman-Dutch actio de pauperie, a person who suffers damage caused by an animal can claim against the owner without proving negligence — provided the animal acted contrary to its nature. The action applies to domestic animals (dogs, horses) that act unpredictably. The owner can avoid liability only by surrendering the animal. A separate claim in delict is also available if the owner was negligent (e.g., kept a known dangerous dog).

📖 Constitutional / Statutory Basis: Section 34 (access to courts)

Practical Example

A normally docile dog bites a visitor. The dog owner is liable under actio de pauperie without proof of negligence.

Frequently Asked Questions

If a dog bites someone, does the owner automatically pay in South Africa?

Under actio de pauperie, yes — if the dog acted contrary to its nature (an unprovoked attack). The owner bears strict liability. Separately, if the owner was negligent (knew the dog was dangerous), they are also liable in delict.

What if the victim provoked the animal in South Africa?

If the victim's own act (culpa) caused the animal to attack, the owner's liability is reduced or eliminated. The defence is that the victim's conduct was the cause of the damage.

Related Terms

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