Liability For Animals Flashcards
Where damage to person or property is done by animals, liability may arise either at common law or under the…
Animals (Scotland) Act 1987
What amounts to an animal attack under the Act and what does not?
Amounting to an attack, includes: savaging or harrying
Behaviour that is not an attack: boisterous or clumsy
What does s.1(1)(a) of the Animals (Scotland) Act 1987 entail?
The party liable under the Act is the keeper of the animal
Possession of the animal without being owner may be sufficient to make a person keeper.
True or False?
True.
Possession is not defined in the Act, but it seems likely that where, for example a dog attacks while being exercised by a dog-walker, the dog-walker rather than the owner would be the keeper.
Is liability under the Act absolute?
No. Liability under the Act is strict.
This means that there are a number of defences available to the defender.
Gives examples of defences that can be used under the Animal (Scotland) Act 1987.
- where injury is partially the fault of the victim (reduction in damages for contributory negligence).
- where a person or animal is injured when present on the keeper’s land without authority, in short while trespassing.
- guard dogs (s.1 of the Guard Dogs Act 1975 must have been complied with)
What is the provision under s.1 of the Guard Dogs Act 1975?
This provision requires guard dogs to be under the control of their handlers or secured in that they cannot roam freely about the premises. Additionally, warning notice must be exhibited at every entrance to the premises.
What is a completely separate matter from the general subject matter of the Animals (Scotland) Act 1987 and needs to understood as such?
Section 4 of the Act - provides defences to a civil action brought for killing or injuring another animal.
What is the broad effect of the conditions in s.4 Animals (Scotland) Act 1987?
The defender must have acted out of necessity and with little alternative option available.
When is the defence of the defender acting out of necessity lost under s.4 of the Animals (Scotland) Act 1987?
The defence is lost where the killing or injury occurred at or near a place where the defender was present for the purposes of engaging in criminal activity and was in furtherance of that activity.
