Liability for Animals Flashcards
who is liable for any injury or damage caused by an animal?
s. 1.(1)(a) if he was a keeper of the animal at that time
(b) if the animal belongs to species whose members are likely to injure, kill or damage
(c) the injury or damage is directly referable to such habits
what species are included in the act?
s. 1(3)(a) dogs and dangerous wild animals (included in s.7(4) of the Dangerous Wild Animals Act 1976
(b) any animals in the course of foraging
what defences can be used to prevent liability?
s. 1(4) any injury which is caused by an animal where the injury consists of disease transmitted by means which are unlikely to cause severe injury other than disease.
s. 1(5) injury or damaged caused by the mere fact that an animal is present on a road or in any other place
what makes someone not liable?
section 2(1)(a) if the injury or damage was due wholly to the fault of - i) the person sustaining it ii) a keeper of the animal
(b) the person sustaining the injury willingly accepted the risk of it as his
what section covers Guard Dogs?
section 2(2) refers you to the Guard Dogs Act 1975 in which there must be compliance
what defence must be shown for killing or causing injury to an animal?
in section 4, must proved that he (a) acted in i)self defence, ii)for the protection of any other person, iii) for the protection of any livestock
(b) notice was given to the police within 48 hours
what does harrying mean? is it included in the act?
to consistently harass something. included in s.4(5)
a person is a keeper of the animal if?
section 5(1)
(a) he owns the animal or has possession of it
(b) he has actual care and control of a child under 16 who owns the animal.
5(2)
(a) not regarded as a keeper if he is detaining it for the purpose of protecting it or any other person/animal
(b) animal has been abandoned or escaped - previous owner will remain owner until another person acquires its ownership
what is contained in section 1?
new provisions as to strict liability for injury or damage caused by animals
(who is liable)
what is contained in section 2?
exceptions from liability under section 1
what is contained in section 3?
detention of straying animals
what is contained in section 4?
killing or, injury to, animals attacking or harrying persons or livestock
what is contained in section 5?
meaning of a keeper of animal
