{"id":19374,"date":"2022-10-10T22:47:51","date_gmt":"2022-10-10T22:47:51","guid":{"rendered":"http:\/\/legalblog.ie\/?p=19374"},"modified":"2024-02-03T23:04:08","modified_gmt":"2024-02-03T23:04:08","slug":"liability-for-animals","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/liability-for-animals\/","title":{"rendered":"Liability for Animals"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Knowledge_of_Disposition\" title=\"Knowledge of Disposition\">Knowledge of Disposition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Nature_of_Knowledge\" title=\"Nature of Knowledge\">Nature of Knowledge<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Liability_Assumption\" title=\"Liability Assumption\">Liability Assumption<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Trespasser\" title=\"Trespasser\">Trespasser<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Control_Escape\" title=\"Control &amp; Escape\">Control &amp; Escape<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Cattle\" title=\"Cattle\">Cattle<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Trespass_by_Animals\" title=\"Trespass by Animals\">Trespass by Animals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Common_Law_Distraint\" title=\"Common Law Distraint\">Common Law Distraint<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/liability-for-animals\/#Pounds\" title=\"Pounds\">Pounds<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Knowledge_of_Disposition\"><\/span>Knowledge of Disposition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Animals which are harmless of their nature or domesticated over generations are presumed not to be of a dangerous disposition.\u00a0 At common law, the owner was not liable in the absence of negligence, for any vicious or mischievous behaviour which is not in the animal&#8217;s nature usually to commit unless he knew that the animal had a particular disposition or propensity for the same.<\/p>\n<p>At common law, proof of this knowledge or so-called scienter was required.\u00a0 Once the knowledge existed, the owner was liable for all harm done by the animal at his risk. This rule has been reformed by statute in relation to dogs.<\/p>\n<p>Under this principle in the ordinary nature of things, horses, rams, camels, cats and kittens were not assumed to be vicious.\u00a0 Dogs also fell into this category.\u00a0 The position in respect of dogs, however, has been amended significantly by the Control of Dogs legislation.<\/p>\n<p>A narrow category of animals is wild in the sense in the sense of being deemed dangerous by nature.\u00a0 This includes elephants, lions, tigers, bears and monkeys.\u00a0 It is a question of law as to whether an animal falls into the category of a wild animal.\u00a0 A wild animal remains such, notwithstanding that it is tamed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nature_of_Knowledge\"><\/span>Nature of Knowledge<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At common law and apart from statutory alterations in respect of dogs, the so-called knowledge must be directed at a particular mischievous tendency which caused the damage in question.\u00a0 The issue arose most commonly in relation to dogs.\u00a0 Knowledge might be proved by a tendency to bite or to rush at persons causing damage.<\/p>\n<p>Knowledge on the part of an owner sufficed at common law.\u00a0 An employee&#8217;s knowledge of the propensity of a particular animal was sufficient to impute knowledge to the owner who may accordingly be liable.<\/p>\n<p>The employee must have actual management or control of the premises, the relevant business or the animal.\u00a0 Mere employment in itself is not sufficient if it is unconnected with the context in which the knowledge arises.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Liability_Assumption\"><\/span>Liability Assumption<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may be liable for the acts of an animal as owner, \u00a0possessor or controller.\u00a0 A person who possesses an animal and controls it may be liable.\u00a0 A person who allows animals to be kept on his premises may become liable. The owner of a domestic animal may become liable for injuries and damage caused by it under general principles of negligence.<\/p>\n<p>A person who brings an animal onto the highway must use reasonable care to prevent it from damaging others.\u00a0 A person who brings animals onto the highway without sufficient control may become liable for damage and loss caused.\u00a0 The bolting of a horse that has been left unattended may raise an inference of negligence.<\/p>\n<p>A person who keeps an animal which is naturally of wild nature, such as lions and tigers does so at his risk.\u00a0 He is liable, irrespective of negligence, for damage caused by its escape.\u00a0 The issue is different to that of whether animals are wild in the sense of property.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Trespasser\"><\/span>Trespasser<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The owner is not liable for injuries caused to a trespasser who brings the injury on himself.\u00a0 This is so even if he believes he has a property right to enter a particular place.\u00a0 If, however, a person keeps a dangerous animal and allows a person to enter his property, he must take reasonable precautions to prevent injury.<\/p>\n<p>A person may put it in place a fierce dog to protect his property but must not put it where persons whom he expressly or impliedly invites to the property are likely to come.\u00a0 Putting up a sign may not suffice, particularly if entrants cannot read or see them.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Control_Escape\"><\/span>Control &amp; Escape<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is bound to keep domestic animals on his land under control and is liable if they escape and trespass or cause damage, which is ordinarily in their nature to occasion.\u00a0 This is absolute liability irrespective of negligence for their trespass.\u00a0 It does not apply if the escape or trespass is involuntary, caused by an act of God or wilful default of the claimant or a third party for whom he is not liable.<\/p>\n<p>The basis of liability is failure to keep the animals under control. In this context, liability is independent of negligence.\u00a0 Liability arises if they escape and commit trespass for damage that is ordinarily in their nature to commit.\u00a0 Questions arise as to whether the damages are ordinarily in the nature of the animal to commit.\u00a0 This depends on the ordinary course of nature.<\/p>\n<p>The owner of a cat is not liable if it trespasses and kills birds. The owner of the cattle is not liable and has a good defence if the claimant or his landlord is under a duty to maintain fencing on the land to which the animal trespasses.\u00a0 Where the trespass is caused by the liability of the claimant or his landlord, he is not liable.<\/p>\n<p>If a person takes wild animals and puts them on his land, he is liable for trespass if they trespass and damage is caused, which is in their ordinary nature to commit.<\/p>\n<p>Questions of the remoteness of damage may limit liability. \u00a0Questions of will arise as to how long the owner of the animal may remain liable after its escape.\u00a0 It seems presumed that the liability will extend until it is returned to its wild state.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cattle\"><\/span>Cattle<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Cattle found at large may be apprehended by police officers under the Town Police Clauses Act.\u00a0 Where it is in force, they may be impounded until reclaimed by their owner, who may be obliged to pay a penalty and the cost of their upkeep.\u00a0 The Town Police Clauses Act allows for their sale if they are not reclaimed.<\/p>\n<p>In the case of cattle trespassing from a highway for the purpose of its lawful use, the owner is only liable at common law if negligence is proved.\u00a0 This has been modified by the Animals Act 1985.<\/p>\n<p>The owner of the subsoil of a highway may take action for trespass if cattle damage lands in the lawful course of the exercise of grazing rights<strong>.<\/strong><\/p>\n<h3><span class=\"ez-toc-section\" id=\"Trespass_by_Animals\"><\/span>Trespass by Animals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Common law does not require an owner or occupier of land to fence his land and keep domestic animals from the public roadways.\u00a0 If an animal escapes onto the public highway and causes damage to a member of the public using it lawfully, he is liable only if he can show that the animal had mischievous tendencies or specific negligence can be shown.<\/p>\n<p>Actions for trespass by (unowned) undomesticated animals on the land of another do not arise.\u00a0 The owner has a qualified property in them only once they leave the land.\u00a0 \u00a0\u00a0If, however, he brings a greater quantity of animals than can reasonably and properly be kept, he may be liable on principles of strict liability.<\/p>\n<p>It appears the liability will only arise if animals are deliberately brought onto the land.\u00a0 The failure to prevent them from amassing in numbers is not thought sufficient.<\/p>\n<p>At common law, trespassing animals may be impounded to secure compensation for damage done by them.\u00a0 This is analogous to and is a species of distress similar to a landlord\u2019s distress for rent.\u00a0 It is known as distress damage feasant; distress for damage done.<\/p>\n<p>The animal may not be pursued if he leaves the land. A landowner or a person having possession of land with sufficient interest to maintain an action for trespass may exercise the right.\u00a0 \u00a0Its validity under the Constitution may be questioned. The courts do not favour self-help remedies in modern times.<\/p>\n<p>There must be trespass without lawful excuse.\u00a0 If there is a right to enter, the right does not apply.\u00a0 If cattle are driven on the highway and stray onto other lands, they may not be distrained until a reasonable time has passed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Common_Law_Distraint\"><\/span>Common Law Distraint<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An animal may be distrained only in respect of damage which itself does.\u00a0 There must be actual damage at the relevant time.\u00a0 In broad terms, this remedy is similar to distress for rent.\u00a0 There are fewer statutory modifications than in the case of distress for rent.<\/p>\n<p>Animals and things that are trespassing and doing damage may be distrained for this purpose.\u00a0 It is not limited to animals.\u00a0 There are exceptions at common law for things in actual use.\u00a0 A horse being ridden may not be distrained.\u00a0 The thing subject of distress must be something which is capable of being owned.\u00a0 Dogs may be distrained at common law for trespassing damage done.<\/p>\n<p>Distress at common law is a pledge for the damage.\u00a0 There is no statutory right of sale.\u00a0 Abuse of this right makes the person exercising distress a trespasser.\u00a0 Abuse of the right may constitute trespass or conversion.<\/p>\n<p>Where animals have been seized by way of distress, they should be impounded in a common pound.\u00a0 A person distraining may impound them on his own land or the land of another with consent.<\/p>\n<p>A person may recover the animals by tendering adequate compensation.\u00a0 In the case of a public keeper, they may be impounded until charges are paid or until they are bailed or replevied by the owner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pounds\"><\/span>Pounds<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Common pounds are rarely available in modern times.\u00a0 The provisions for impounding may be contrary to constitutional principles of law.\u00a0 The law generally leans against self-help remedies.<\/p>\n<p>An animal that is distrained must be impounded where the owner can have access to feed it. \u00a0If he is impounded in a pound to which access is not available, the distrainer must feed it.<\/p>\n<p>The principles applicable to ordinary distress, such as rescue and pound breach, apply in broad terms. \u00a0Rescue may be justified where the distress is unlawful or where the animals are not released on proper tender of compensation.\u00a0 A pound breach cannot be justified as the animals are in the custody of the law.<\/p>\n<p>There are civil remedies for rescue and pound breaches.\u00a0 Pound breach was a misdemeanour at common law.\u00a0 There are statutory rights to apply to a court to summary jurisdiction under the Pound-Breach Act 1843.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19374\" data-postid=\"19374\" class=\"themify_builder_content themify_builder_content-19374 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Knowledge of Disposition Animals which are harmless of their nature or domesticated over generations are presumed not to be of a dangerous disposition.\u00a0 At common law, the owner was not liable in the absence of negligence, for any vicious or mischievous behaviour which is not in the animal&#8217;s nature usually to commit unless he knew [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[268],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19374"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19374"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19374\/revisions"}],"predecessor-version":[{"id":31348,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19374\/revisions\/31348"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19374"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19374"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19374"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}