If you have been attacked by an animal and suffered injuries as a result  you might have a claim. 

 

Who is responsible? 

If an animal causes damage or injury, its "keeper" i.e. its possessor or owner, is generally responsible.

 

 

DOGS
As a general rule, a dog owner is liable if he or she knew - or ought to have known, that their dog was likely to be dangerous and attack someone. Or that it could be dangerous at a particular time, e.g. when a female is with its young.
An owner need not have had detailed evidence of a dangerous characteristic of his or her dog to have "knowledge" in the legal sense. The popular saying that "a dog is allowed his first bite" is therefore inaccurate. 

 

However, magistrates have held that a dog which kills a cat should not be considered "dangerous", as in such a case a dog is doing no more than what is natural. However, a dog may be considered "dangerous" even if the only danger it presented was to another dog.

 

 

Dangerous Dogs Act 1991
The Act was passed in response to some horrifying attacks on people by imported species of fighting dogs. The Act lays down certain regulations on the keeping of pit bull terriers and other fighting breeds, but it is also of relevance to the owner of the family pet.

The Act covers all breeds, and makes it an offence to allow any breed of dog to be dangerously out of control in a public place. An offence will also be committed if there is "reasonable apprehension" that an animal, out of control in a public place, might cause injury - even if it does not actually do so. In other words, members of the public should not be put in fear of dogs.

The courts have the power to order a dog which has injured someone to be put down, and can disqualify its owner from keeping other dogs.

 

 

Dogs on the Road
The Animals Act 1971 provides that owners of animals and those having control of them have a duty to take reasonable care to see that injury or damage is not caused by their animals straying on to the road.
Clearly, the most serious consequences which could ensue when you are in breach of this duty and your dog causes damage or injury is a motor vehicle accident with ensuing death or injury or a heavy claim for repairs, or all of these. But there will be responsibility also for such lesser incidents as cycle accidents and the knocking over of pedestrians.

 

In addition, section 170 Road Traffic Act 1988 requires a driver to stop his vehicle if an accident has occurred and an animal is injured. An animal refers to any horse, cattle, ass, mule, sheep, pig, goat or dog. The driver must give his name and address and details of his vehicle to any person who has reasonable grounds for requiring them. If there is no one present then the driver must report the accident to the police within 24 hours.

 

Dogs and Livestock
Liability has always been imposed on the keeper of a dog which "worries" livestock.
Under the Animals Act 1971, livestock is widely defined to include cattle, sheep, pigs, goats, poultry etc.
If your dog worries livestock, as an owner you are liable even if you had no previous knowledge of your dog's propensity to do so, nor need negligence be proved. Dogs are to be kept under "proper control" - thus while they do not necessarily have to be on a lead, close control is required.
The owner of livestock is entitled to kill a dog that has been worrying livestock if it is still on his or her premises and not under anyone's control (in such a case the police must be notified within 48 hours).

 

 

HORSES
Similarly with horses; a keeper is liable if he or she knew or ought to have known of a horse's propensity to kick or bolt or otherwise be unruly.

Horses on the road
Horse-riding is allowed along carriageways and bridleways but not along footpaths except with the permission of the owner of the land.
The current Highway Code gives instructions to horse-riders as to how to take care of themselves and their horses on the road.
If there is a collision between a car and a horse as a result of, for example, the horse suddenly swerving onto the road, the car owner may have a claim against the rider if the rider was negligent in one or more of the following:
(1) Taking a horse into public areas or onto highways where the rider was not sure that he or she could control the horse or the rider was insufficiently experienced to control the horse when meeting foreseeable hazards;
(2) The rider did not ride to the required standard of competence and skill. The required standard is that of an experienced horseman or woman. If an experienced horseman or woman would have been able to control the horse by riding it correctly then the rider may well be negligent. If, however, something startled the horse such as a loud noise, it is possible that even an expert rider could have done nothing to have controlled the horse.

 

 

 

CATS
Cats are to some extent not recognized by the law. There is no requirement to notify the police if a cat is involved in a road traffic accident. Owners of cats are not required to restrict their movements or to keep them under control, contrary to dog owners.

 

 

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This information sheet is provided only as a guide and does not cover all aspects of the subject. You should always contact our Helpline and arrange to speak to a solicitor.