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Dog owner negligent for failing to control escaping dogs which foreseeably caused a passerby to retreat, trip and be injured.
• Delict – negligence – dog owner’s duty to control pets to prevent escape and endangering passersby – foreseeability and causation.
• Factual disputes – assessment of credibility, reliability and probabilities in mutually destructive versions.
• Costs – refusal of punitive (attorney-and-client) costs despite protracted cross-examination.
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