Roger Harris reviews recent decisions relating to the Animals Act
Key Points
The Animals Act 1971
Section 2 of the Animals Act (AA 1971) places all animals into one of two categories: animals either belong to a dangerous species or they do not. In respect of animals belonging to a dangerous species liability is strict. In respect of those which do not liability will only be strict if the provisions of AA 1971, s 2 are fulfilled.
These provisions are as follows:
“(a) 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;
(b) the 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;
(c) those characteristics were known to that keeper …”
In addition s 5 provides that a party will not be strictly liable under s 2 either if the damage
