Beware Of The Dog
Beware of the dog
Have you ever been bitten by a dog? Hopefully not. But, if you have what redress would you have against the dog’s owner?
Under the Animals Act 1971 there is a strict liability imposed on the keeper of an animal in certain defined circumstances. Who then is a “keeper” of an animal and what are the circumstances where the keeper is strictly liable?
A “keeper” is defined by the Act as anyone who owns the animal or has it in his possession or if he is the head of a family in which someone under the age of 16 owns the animal or has it in his possession. So, if you are taking a friend’s or the next door neighbour’s dog out for a walk you would be the “keeper” of the dog during that walk and may be liable for any damage caused by the dog whilst you are walking it. However, you would not be defined as the keeper of a stray dog if you had taken control of it to stop it causing an accident and you were trying to find the dog’s owner.
The circumstances in which the keeper of an animal belonging to a non-dangerous species is liable are clearly set out in the Act. They are:
(i) If the damage caused by the animal was of a kind which the animal unless restrained is likely to cause or was likely to be severe. This is always a matter which will require careful consideration in each particular case. For example, in one case it was held that where a person who fractured his arm falling off a riding school pony the damage was not of a kind likely to be caused by the pony and that the damage was not severe; and
(ii) The likelihood of the damage or of it being severe was due to characteristics of the animal not normally found in animals of the same species or are not normally found except at particular times or in particular circumstances. The fact that the animal is large and heavy (such as a cow) will not necessarily mean that the keeper is liable if the animal falls on top of you ; and
(iii) Those characteristics were known to the keeper. It is often difficult for the keeper to deny that he had this knowledge. For example, it would be difficult for a dog owner to deny knowing that a bitch may become aggressive when she has a litter of pups or that a dog used a guard dog might also be aggressive. So, putting up “Beware of the dog” signs may actually be deemed as knowledge on the part of the owner of characteristics of the dog.
If the animal is one that belongs to a dangerous species then the keeper is strictly liable for any damage done by that animal except where the “victim” voluntarily accepted the risk of injury or if the damage was due wholly to the “victim’s” fault. These defences are also available to the keeper even if the animal is of a non-dangerous species. So it is no good putting your head in a lion’s mouth and then complaining if it thanks you for the tasty morsel!
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Barry Cramer