animal liability

animal liability

the special area of law dealing with civil liability of people for the behaviour of animals encountered in many legal systems in time and place (see e.g. NOXAL SURRENDER). In England, prior to the Animals Act 1971, the owner was liable for an animal of a dangerous species - ferae naturae- or for one that was not of such a species, being domestic, domitae naturae, or tamed, mansuetae naturae, if, but only if, the owner was aware of the animal's dangerous propensities. Since that Act it is a matter of law whether an animal is of a dangerous species or not. Liability in respect of such animals is strict liability. Liability is fixed on the keeper. Liability for non-dangerous species depends upon knowledge of the particular beast being likely to cause severe damage. Defences include contributory negligence and assumption of risk. Notably, it is not a defence to strict liability under the Act to show act of god or the act of a third party. In Scotland dogs are deemed to be within the category of animals likely to cause physical injury. The knowledge aspect is not part of the Scots statute: the Animals (Scotland) Act 1987. That Act imposes liability according to the zoological category of the animal (using the schedule to the Dangerous Wild Animals Act 1976) and according to the damage likely to be caused. Liability is upon the keeper, and the defences of assumption of risk and contributory negligence are available. In both Scotland and England the ordinary law of negligence applies too.
References in periodicals archive ?
In Florida, animal liability is excluded under many homeowners' policies, and Smith suggested that the site include an animal liability page and keywords to draw traffic.
An Arizona appellate court affirmed a trial court ruling in favor of a homeowners insurer, finding that the "prohibited dog" exclusion in the policy's animal liability endorsement barred coverage for negligence claims against the insured.
The policy excluded any coverage for damages caused by animals, but an animal liability endorsement provided coverage for:
For example, we recently added a large group of farm safety and animal liability signs for machinery warnings, trespassing and animal warnings.
new casualty-specific courses, including animal liability, acts of children, and mental and emotional injury claim evaluation.
com, powered by Evolution Insurance Brokers, announced a new online insurance plan for animal liability insurance protection.
The need for animal liability coverage is increasing as local, state and county ordinances are becoming stricter.
Another need occurs when landlords and home associations require renters or homeowners to have animal liability insurance in place as a stipulation of tenancy.
announced a new animal liability product to the marketplace today.
Prime's animal liability product offers coverage for domestic animals including hard-to-place breeds, hunting dogs and retrievers, and animals with a history of aggressive temperament.