Animals Act 1971

1. the keeper is either the keeper of the animal or the head of the household in which a person is under the age of 16

1. under S6(2)- a dangerous species is a species that is a) not commonly domesticated in the British Islands; and b) whose fully grown animals normally have such characteristics that the are likely, unless restrained, to cause severe damage or that any damage they do cause is likely to be severe.
   1. to be classified as 'dangerous' the species must fulfil both sections a and b

Annotations:

• Dangerous is a question of law in each case.

1. Frightened elephant at circus ran away and trampled the claimants kiosk, injuring the claimants. Court held that although that particular elephant was not aggressive/violent, the damage an animal of this size is likely to cause would be severe.
2. Before the act, so it' common law
   1. the act works in the same way

1. C agreed to take part in a camel race at the horse of the year show, was thrown from it and injured. Camel was regarded as a dangerous animal - not commonly domesticated in the UK- but claim was unsuccessful as the defence volenti applied
2. before act, so it's common law
3. dangerous is a question of law in each case.

1. S2(2)(a)
   1. The damage is of a kind the animal I likely to cause unless restrained or if caused by the animal is likely to be severe
   2. 'Likely' means possible not probable
      1. Smith V Ainger
         1. D's dog -Alsatian cross- history of attacking other dogs. Attacked C's dog, C intervened and was knocked over - breaking his leg. Damage was held to be of a kind the large dog was likely to cause - large dog, knocking over intervening owner = normal.
   3. 'severe' is a question of fact
      1. Curtis
         1. Bull Mastiff attacked and injured the claimant (aged 11) when he went to talk to the dog while it was being loaded into it's owners car. S2(2)(a) was easily satisfied - big dog with a powerful bite.
2. S2(2)(b)
   1. The likelihood of severity of damage is due to abnormal characteristics of the individual animal or species at specific times
   2. A characteristic is abnormal if it is not common in other animals of that species
      1. Kite
         1. A dog which had a habit of attacking people carrying handbags was held to fall in this category
      2. Wallace
         1. Horse was known to be nervous - when loaded into a trailer by C, horse jumped forward and injured C. Didn't need a tendency to attack people; S2(2)(b) could be satisfied by the fact that the horse had a tendency to behave a certain way when nervous, that other horses would not.
3. S2(2)(c)
   1. The keeper knows of the characteristics

1. Mirvahedy
   1. C was severely inured when his car collided with D's horse, that had escaped from an electric and wooden fence with the D's other 3 horses after being frightened but an unknown stimuli. The behaviour that cause the damage could be described as 'characteristics...which are not normally found except in particular times or in particular circumstances' falling within S2(2)(b). The defendants were therefore liable for the damage.

1. The victim voluntarily accepts the risk
   1. Cummings
      1. C was bitten by an Alsatian, which was used as a guard dog in the D's scrap yard. C knew D and had a key to scrap yard. C saw sign that said 'Beware of Dog' and entered anyway, so as held to have voluntarily accepted the risk.
   2. Dhesi
      1. C involved in confrontation with the police, waved hockey stick aggressively in the air. Ran and hid in bushes, was warned 3 times that the dog would be set loose if he did not render. He did not so the dog was set loose and C was bitten several times. Voluntarily accepted the risk AND the damage was entirely his fault.

1. D will not be liable for any damage that is wholly the fault of the claimant
   1. Sylvster
      1. C went into leopards pen to remove a lit cigarette - was held to be completely at fault

1. Animal was either not kept for protection or was not reasonable to do so

1. Contributory negligence