Animals Act 1971
| Jurisdiction | UK Non-devolved |
| Citation | 1971 c. 22 |
the rules of the common law imposing a strict liability in tort for damage done by an animal on the ground that the animal is regarded as ferae naturae or that its vicious or mischievous propensities are known or presumed to be known;subsections (1) and (2) of section 1 of the the rules of the common law imposing a liability for cattle trespass.(2) Expressions used in those sections shall be interpreted in accordance with the provisions of section 6 (as well as those of section 11) of this Act.(1) 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.the damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe; andthe likelihood of the damage or of its being severe was due to characteristics of the animal which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances; andthose characteristics were known to that keeper or were at any time known to a person who at that time had charge of the animal as that keeper’s servant or, where that keeper is the head of a household, were known to another keeper of the animal who is a member of that household and under the age of sixteen.Where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is liable for the damage, except as otherwise provided by this Act. damage is done by the livestock to the land or to any property on it which is in the ownership or possession of the other person; orany expenses are reasonably incurred by that other person in keeping the livestock while it cannot be restored to the person to whom it belongs or while it is detained in pursuance of section 7 of this Act, or in ascertaining to whom it belongs;(2) For the purposes of this section any livestock belongs to the person in whose possession it is.(3) This section does not apply in relation to horses on land in England (as to which, see section 4A) .(1) This section applies where a horse is on any land in England without lawful authority.the land, orany property on it which is in the ownership or possession of the freeholder or occupier of the land, andin keeping the horse while it cannot be restored to the person to whom it belongs or while it is detained under section 7A or 7B of this Act, orin ascertaining to whom it belongs.(3) For the purposes of this section a horse belongs to the person in whose possession it is.(1) A person is not liable under sections 2 to F154A of this Act for any damage which is due wholly to the fault of the person suffering it.(2) A person is not liable under section 2 of this Act for any damage suffered by a person who has voluntarily accepted the risk thereof.that the animal was not kept there for the protection of persons or property; or(if the animal was kept there for the protection of persons or property) that keeping it there for that purpose was not unreasonable.(4) A person is not liable under section 3 of this Act if the livestock was killed or injured on land on to which it had strayed and either the dog belonged to the occupier or its presence on the land was authorised by the occupier.(5) A person is not liable under section 4 of this Act where the livestock strayed from a highway and its presence there was a lawful use of the highway.(5A) A person is not liable under section 4A of this Act in respect of a horse which strays from a highway when its presence there was a lawful use of the highway.(6) In determining whether any liability for damage under section 4 of this ActF16, or under section 4A of this Act so far as relating to a straying horse in England, is excluded by subsection (1) of this section the damage shall not be treated as due to the fault of the person suffering it by reason only that he could have prevented it by fencing; but a person is not liable under that section where it is proved that the straying of the livestock on to the land would not have occurred but for a breach by any other person, being a person having an interest in the land, of a duty to fence.(1) The following provisions apply to the interpretation of sections 2 to 5 of this Act.which is not commonly domesticated in the British Islands; andwhose 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.he owns the animal or has it in his possession; orhe is the head of a household of which a member under the age of sixteen owns the animal or has it in his possession;
To continue reading
Request your trial