Liability for Animals Flashcards
What are the four classifications of animal liability?
a. Liability for cattle trespass
b. Liability for dangerous animals
c. Liability for dogs
d. Liability for negligence
What are the applicable sources of law for liability for animals in Jamaica?
Common law and the Trespass Act
What is the liability for cattle trespass?
Where cattle in the possession of an individual intentionally or unintentionally stray on someone’s property
What is the principle in Cox v Burbridge (1863) 143 ER 171
If you own an animal that can be considered your property under the law, you have a responsibility to ensure that it does not enter your neighbor’s property. If it does, you are responsible for any damage caused by the animal, regardless of whether the animal escaped due to your negligence or not.
Wormald v Cole [1954] 1 All ER 683
A heifer belonging to the Defendant, knocked down and trampled the Plaintiff while trespassing in her garden. The Plaintiff sustained grievous injuries
Issue: Whether a Defendant may be liable for injuries sustained to Plaintiff where the Defendant’s cattle caused injury to the Plaintiff
Held: An occupier has a right of action and may recover damages which are the reasonable and natural consequences of the trespass
What is the Principle in Wormald v Cole [1954] 1 All ER 683
An occupier has a right of action and may recover damages which are the reasonable and natural consequences of the trespass
Is there any liability for cattle trespassing from the highway?
No, the owner of land running next to public road is deemed to have consented to run the risk of the dangers incident to the ordinary, on-negligent use of the highway
What does Scienter mean?
scienter refers to the owner’s knowledge of the animal’s dangerous tendencies or propensity to cause harm.
What are the two classifications of Scienter?
Animals that are ferae naturae and animals that are mansuetae naturae
What does ferae naturae mean?
Animals that are naturally fierce, wild and dangerous
Eg-lions, tigers, gorillas, bears and elephants
What does mansuetae naturae mean?
naturally tame animals, harmless
In what circumstances is the keeper of an animal mansuetate nature liable for harm caused by that animal?
the particular animal has shown a propensity in the past to do harm of that kind
the owner or keeper is proved to have had knowledge of such propensity
What is the principle in McIntosh v McIntosh (1963) 5 WIR 398
where a domesticated animal
does something which is merely an exercise of its natural propensity, damage caused
as a result is not recoverable.
Who can be sued for liability under the scienter doctrine?
the person who keeps and control the animal
What defences are available to a defendance for a scienter claim?
contributory negligence
volenti non fit injuria- a person who knowingly and voluntarily risks danger cannot recover for any resulting injury.
What is the principle in Wright v Callwood [1950] 2 KB 515
Where no special circumstances exist, negligence cannot be established merely by proof that a defendant has failed to provide against the possibility that a tame animal of mild disposition will do some dangerous act contrary ot its ordinary nature
