Animals, liability for

Abstract

The law has provided remedies for those injured by animals from earliest times, no doubt a reflection of the widespread practice of keeping animals and the propensity of certain animals to do damage if they escaped from their keeper's control. Apart from allowing claims for injury where the keeper has been negligent, a special liability regime, instituted by the Animals Act 1971 (UK), also applies to animals. This regime traces its history to the old action of 'scientia' whereby the keeper of certain types of animal was strictly liable (that is, without fault) for damage caused by that animal, and to the action for cattle trespass whereby the owner of cattle was strictly liable for any damage to property caused by cattle trespassing on another's land. In the 'scientia' action a distinction was made between animals dangerous by virtue of their breed, such as lions and elephants ('ferae naturae'), and animals of a breed not considered dangerous ('ferae manseuto').