Last updated on November 30th, 2021 at 12:17 pm

When things ‘go wrong’ with animals, the consequences for any victim can be horrendous, both physically and psychologically.  But is the owner/keeper responsible?

Well, sometimes yes and sometimes no.  An animal does have a mind of its own and so  there are only certain circumstances when the owner/keeper can be held responsible.

So if you are bitten by a dog and make a claim, will you win?

Establishing liability against dog owners/keepers in civil claims is complicated and difficult.  The Dangerous Dogs Act 1991 deals with criminal matters, but for a civil claim, the owner’s liability has to be established under The Animals Act 1971, and unfortunately this is poorly worded law which confuses courts and solicitors/barristers to this day.

To establish liability, the damage caused has to be likely to be serious (so not from animals such as cats, rabbits or very small dogs for example!).  More difficult is the need to show that the incident occurred due to characteristics which are sometimes present in the animal in certain circumstances!!

A good example is an Alsatian dog behaving territorially when the milkman walks through the gate and up the path to a house. It isn’t normal for a dog to attack the milkman, but can happen with some breeds of dog in some circumstances.

The characteristic test is very complex.  Courts find it difficult to judge what is a “normal characteristic” and what is an “abnormal characteristic” found in certain circumstances.  A recent ruling on horse behaviour in the case of Kyra Goldsmith v Robert Bradley Patchcott (2012) explains this well.  The claimant suffered severe facial injuries when kicked by the bucking horse (kicking its rear legs out) and argued that the horse had “spooked” and was clearly frightened.  The court had to decide whether a horse rearing and bucking was a “normal characteristic” and in fact ruled that it was, saying that horses do buck, and, that where injury occurred in those circumstances, the owners/keepers were not liable.  However, in general, if it can be established that damage is caused due to a horse “spooking” because of some external stimuli, and the owner knew, or ought to have known, about the propensity of the animal to show such characteristics, then they are likely to be liable.

A dog biting a person should never be regarded as ‘normal’

In dog biting cases the test is more difficult: not only must it be proved that dog acted in an “abnormal way”, but also that the owner/keeper knew, or ought to have known, of the risk that it could happen – for instance proving that owner/keeper was aware of previous attacks or behaviour which would have made the risk obvious.

In a recent case, Kate Hancock suffered horrific injuries to her face and body, and her German shepherd dog was killed in woods near her home, by three Anatolian shepherd dogs (originally from Turkey and used to hunt lions). The owner of the dogs was fined £10,000 for failing to control them and Kate’s civil claim against them succeeded on the basis that it was clear that the Anatolian shepherd dogs (lion hunters) would cause severe damage, the behaviour showed certain characteristics not normal to the breed (to attack other dogs without provocation) and that the owner knew, or ought to have known of the risk of the dogs behaving in that way.

The Dangerous Dogs Act 1991 outlaws certain breeds of dog, in particular the American pit bull terrier, but it doesn’t seem to deter some people from keeping such dogs as a status symbol rather than a pet.  As these aggressive types of dog often aren’t exercised properly, they can seek a means of escape to spend pent up energy and this can put responsible dog owners, walking their dogs, at risk, often resulting in innocent victims being bitten.

Our personal injury experts have successfully represented the victims of misbehaving animals for several years.  We are currently dealing with a case involving an English bull terrier in Rotherham – click here to read more about this case.

Dogs causing injuries in non-biting incidents, such as running into someone when let off a lead, are more difficult, but claims can still succeed, so victims should still take advice.

The dangers and hazards to the public from misbehaving animals are very real, and the challenges faced by injured victims looking to rightfully claim compensation mean that such cases need to be handled by a specialist with specific knowledge and expertise in this area of law.

For help and assistance, please call our personal injury experts now.