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Liability Risk and Insurance

Strict liability for animal owners

Owners of animals are strictly liable for damage or injuries caused by the animals where they behave in a way that is not normal for the species, but is normal in special circumstances. The case involved horses which were frightened in some way and bolted from their field onto a main road, crashing into a car, causing injuries to the driver. The House of Lords found that the owners of the horses were strictly liable to the driver for his injuries, based on Animal Act 1971. The horses would not normally behave by bolting, but in special circumstances, such as being frightened, this was not abnormal behaviour. The claim had originally been dismissed on the grounds that there was no negligence on behalf of the defendants and the claimant had failed to establish causation. The Court of Appeal then ruled that the horses had behaved in an unusual way and it was this that had caused the accident.

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