Eksedotcom

Law Education For Community members. Subscribe to keep educated and knowledged.

What are the duties of the lessor? (Landlord)

• The landlord must give the tenant occupation and control over the property, maintain the property in its proper and safe condition and ensure that the normal running repairs are carried out.
• The Landlord must guarantee that the tenant will enjoy the undisturbed use and enjoyment of the property for the duration of the lease. The landlord must not interfere unlawfully with the tenants rights and only lawfully interfere in a reasonable manner, i.e. to make necessary repairs and to inspect the premises.
• The Landlord must protect the tenant against being disturbed by third parties who may claim to have a stronger right to the property than the tenant, but is not obligated to protect the tenant against a disturbance of occupation by a superior force, such as an act of God.
• The Landlord must pay all taxes and charges imposed by public bodies in respect of the property, but not for those charges of services requested by the tenant, i.e. electricity.
• Place the tenant’s security deposit in a savings account which has the highest rate of interest for that financial institution and return the security deposit, plus all interest accrued, to the tenant minus any costs for reasonable repairs for damages caused by the tenant.
• Provide proof to the tenant of any costs incurred through having a lease drawn up when passing on such costs to the tenant
• Allow the tenant to receive visitors

The parties may also agree that the tenant pays the taxes and levies on the property.

Paralegal Advice here:

Need Attorney: R900 once off consultation.

Concourt Collections

• Litigation
• Conveyance – updating
• Regional Court Cases & Judgements – editing
• Constitutional Court Cases & Judgments
• High Court Cases & Judgements – editing

Property

Dog Bite Claims

• When an animal attacks, the first thing you should do is protect yourself and your family by moving away from the animal.
• Next, pause to determine who has been injured and how much. Dial 112 if the damage poses a risk to your life.
• When you get home, carefully examine the wound. A disinfectant should be used together with water to clean the wound. You should see a doctor for antibiotics and a tetanus shot even if the dog that bit you was only a little dog.
• It is recommended that you speak to the of dog and find out if the dog has had its rabies vaccination.

Your Steps …

If you decide to claim from insurance or the dog owner, you will need to prove ownership of the dog.

If claiming directly from the owner, consulting with personal injury lawyers specialised in dog bite cases will help you to navigate the legalities of proving your case. If the injury is serious enough, the owner may be liable to cover your medical expenses, should you wish to pursue the matter in court.

If the sum is below R10,000, you should approach lawyers who specialise in small claims, and if possible dog bites specifically. You will also need to have the medical documents detailing the injuries as well as the invoices. If you are likely to lose future income as a result of the bite, you need to inform your lawyer and furnish her with any documents to prove this.

I.e If you are a professional football player, and the bite severed a tendon, you would need the doctors and football coaches/ medical staff to testify that you will be unable to work as a result of the bite.

Are you covered by insurance?

Most home and medical insurance policies cover personal injuries resulting from dog bites.

Each dog bite claim must be investigated by the insurance company through contact with the victim. The claim is verified based on good-faith reporting by the victim.

Legally speaking:

The Animal Matters Amendment Act, 1993 (Act 42 of 1993) among others, provides that a court may make certain directions in respect of injuries caused by animals. Any person as a result of whose negligence an animal causes injury to another person, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years. A court convicting a person may make an order regarding the removal, custody, disposal or destruction of the relevant animal and the recovery of any costs incurred.

As stated above, the owner of the dog is liable for compensating the victim for medical expenses, wage losses, pain and trauma suffered due to the injury. Medical expenses may include but are not limited to emergency medicine, plastic surgery, orthopaedic surgery, hospital stay, antibiotics, X-Rays, CAT scans, physiotherapy and psychotherapy.

Most communities have laws stating that dogs must be leashed unless confined in its home. If the dog was off the leash at the time of the attack or was not compliant with community laws, the owner may be required to pay a higher penalty.

Circumstances that may influence the claim

When launching a claim, there are a number of variables that could work for, or against you. Here are some things you should bear in mind when launching a claim.

• The animal was provoked into an attack, by the victim
• The victim was trespassing on the property where the attack occurred
• The victim was warned of the danger but chose to interact with the animal anyway
• The animal acted in a way “contrary to its nature”, and so the attack could not have been avoided by the owner
• The owner of the animal may be found negligent if he/she could have warned the victim about the dog is aggressive or unpredictable nature prior to the attack.

The best way to go about this is to consult a personal injuries lawyer.

Your lawyer will be able to guide you through the legal process of proving a case.

Claim Your Personal Injury Here

How to…

• Download from YouTube
• Looking for a certain book, plus receive an ebook every month end.
• Receive a verse every morning
• Receive a motivational message each morning at 05h30am
• Receive a 3-5 minute relaxation session each evening at 21h00pm.
• Receive a wake up call for work every morning at the given time I requested.
• Receive a reminder of a certain duty I must do daily to improve my pocket and bank account to
• This is a new request reminder page we are still working on. Please help our page to help you. List  your ideas below.

I am in subscription for the mentioned service listed above:

Posted by an individual who would like to complete her Paralegal Course independently, in aim of Community Paralegal for her own community.

I would like to sponsor the writeŕ in her effort to complete her studies of