Injuries caused by animals

A claimant who has sustained injuries caused by an animal may have a claim:

1. •

   under the Animals Act 1971 (AA 1971)

2. •

   in negligence—a claimant may have a cause of action in negligence if they can demonstrate that the person in charge of the animal who caused the injury failed to take reasonable care

3. •

   under the Occupiers’ Liability Acts—a potential cause of action may arise under the Occupiers’ Liability Act 1957 or Occupiers’ Liability Act 1984 if the animal caused an injury while the claimant was a visitor to a defendant’s premises

4. •

   in trespass against the person—if a person encourages an animal to attack a person and this causes an injury the injured person may have a claim in trespass against the person who was in charge of the animal

5. •

   nuisance—if an animal strays on to a public highway, then this could be a public nuisance. However, a claim in public nuisance has much in common with a claim in negligence. This is because in order to create a public nuisance, the defendant must have committed an act or omission which