The Animals Act 1971
This Act covers civil liability in the case of animals causing damage or injury by way of dangerousness, negligence or straying. It also covers the right of Livestock owners to protect their stock from dogs and the liability of owners who allow their dogs to worry livestock The definition of livestock in the 1971 Act is wider than in the 1953 Act which covers cattle, sheep, goats, swine, horses and poultry. The Animals Act 1971 also includes pheasants, partridges and grouse whilst in captivity. If one of your animals injures someone or causes damage, you may be liable
You do not have to be negligent to be liable under this Act. But you won’t be liable if the damage or injury was wholly the fault of the person suffering it, or if they voluntarily accepted the risk of it happening to them.
Also if they were trespassing on the land where the animal was kept, you won’t normally be liable.
There are two forms of liability concerning the keeping of animals:
1. Negligence If the keeper of an animal is negligent, and somebody suffers a loss as a result, the keeper will be liable for that person’s loses. The Bill does not change this.
2. Strict liability The keeping of certain animals – dangerous animals - involves a disproportionate level of risk. Under the Animals Act 1971, in certain circumstances, the keeper of a dangerous animal can be held liable for any damage caused by that animal regardless of whether or not there was any negligence or fault on his part. He is strictly liable. Section 2(1) of the 1971 Act states: “Where any damage is caused by an animal which belongs to a dangerous species, any person who is a keeper of the animal is liable for the damage, except as otherwise provided by this Act.” This creates strict liability for damage done by dangerous animals. A dangerous species is one –
(a) which is not commonly domesticated in the BritishIslands; and
(b) whose fully grown animals normally have such characteristics that they are likely, unless restrained, to cause severe damage or that any damage they may cause is likely to be severe.
Section 2(2) states that where damage is caused by an animal which does not belong to a dangerous species, a keeper of the animal is liable for the damage. It thus covers animals such as dogs, horses, cattle etc.
However, for a claim under section 2(2) to succeed a claimant needs to prove the following:
1. First, that the damage suffered was of a kind that the animal – unless restrained – was likely to cause, or was damage that, if caused by the animal, was likely to be severe
2. Secondly, that the likelihood of the damage (or severe damage) was due either to characteristics not normally found in such animals, or to characteristics only found in such animals at particular times, or in particular circumstances
Note Reference to particular times or circumstances might be times such as during the breeding season when otherwise non-dangerous animals may behave dangerously due to the instinct to protect dependent young.
3. That those characteristics were known to the keeper
A person is not liable under section 2 of this Act for:
(a) any damage which is due wholly to the fault of the person suffering it;
(b) for any damage suffered by a person who has voluntarily accepted the risk thereof.
(c) for any damage caused by an animal kept on any premises or structure to a person trespassing there,
if it is proved either—
1. that the animal was not kept there for the protection of persons or property; or
2. (if the animal was kept there for the protection of persons or property) that keeping it there for that purpose was not unreasonable.
Currently consultations are ongoing on a proposal to amend section 2 (2)(b) of the Animals Act 1971 to clarify the application of strict liability to the keepers of animals that cause harm or damage. as since the Act was passed, there has been disagreement and conflicting case law concerning the interpretation of section 2(2), and section 2(2)(b
The closing date for consultation responses was 19th june 2009.
This amendment would
· Amend the Animals Act 1971 in respect of liability for harm caused by non dangerous animals.
· Amend section 2(2) of the Act to clarify the circumstances in which strict liability should apply. The policy that it seeks to reflect is that it is desirable that the keepers of animals, that do not belong to an inherently dangerous species, should be strictly liable for damage or harm caused by that animal when they know that the animal in question may be dangerous at the time the damage is caused, either because of its particular temperament, or because of the particular circumstances applying at the time, such as when it has young to protect.
· Restrict strict liability in respect of animals that do not belong to a dangerous species to cases where the animal is known to be of a dangerous disposition either permanently because of its temperament, or temporarily because of particular circumstances, such as when it has young to protect.
· Not alter the application of the common law in respect of negligence or health and safety legislation, in cases of loss or damage caused by non dangerous animals where the loss or damage from negligence or fault on the part of the keeper.
