Liability for animals | Lanbuk on the Law of Torts

In simple terms

If an animal causes harm, its keeper may be liable. can apply as usual. But the common law also has special strict rules: a keeper of a dangerous wild animal, or of a domestic animal he knows is vicious, is liable without proof of fault, and a keeper of cattle is liable if they stray onto someone's land.

Why the common law applies

England replaced the common law rules with the Animals Act 1971. That Act came after 1880 and is not part of Sierra Leone law, so the older common law rules described here are the starting point, alongside ordinary negligence.

The scienter action

means 'knowingly'. The common law divided animals into two classes.

Dangerous species (ferae naturae): Animals of a dangerous species, such as lions, elephants and monkeys, are presumed dangerous. The keeper is strictly liable for any harm they cause, even if the individual animal was tame: Behrens v Bertram Mills Circus.

Harmless species (mansuetae naturae): Ordinary domestic animals, such as dogs, horses and cattle, are presumed harmless. The keeper is strictly liable only if he knew that the particular animal had a vicious or abnormal tendency to cause that kind of harm: May v Burdett. Behaviour normal for the species, like a young horse being playful, is not enough: Fitzgerald v Cooke Bourne (Farms).

Knowledge: The knowledge of the keeper's servant who has charge of the animal may be treated as the keeper's knowledge.

Cattle trespass

Where cattle, sheep, goats, pigs or horses stray onto another's land, their owner is liable for damage to the land and crops without proof of negligence. This matters greatly in farming communities.

Highway exception: There is an exception for animals straying from the highway while being driven with reasonable care: Tillett v Ward.

Animals on the highway

At common law there was no duty to fence land to keep domestic animals off the road: Searle v Wallbank. However, a keeper who takes an animal onto the road must use reasonable care, and negligence may apply in special circumstances. Check any local by-laws on straying livestock.

Dogs

Dogs are domestic animals, so the scienter rule applies: the owner of a dog known to bite is strictly liable. Otherwise the injured person must prove negligence.

Defences

The claimant's own fault, (where the claimant knowingly accepted the risk) and, in , the claimant's failure to fence where he had a duty to. The act of a stranger is not generally a defence to the scienter action for dangerous animals.

Memory map

Liability for animals

Basis

Common law (Animals Act 1971 not received)
Negligence also applies

Scienter

Dangerous species: strict (Behrens)
Domestic: known vicious tendency (May v Burdett)
Normal behaviour not enough (Fitzgerald)

Cattle trespass

Strict for straying livestock
Highway exception (Tillett v Ward)

Highway

No duty to fence (Searle v Wallbank)

Defences

Claimant's fault
Volenti

Words and Latin in this note

Volenti non fit injuria: 'No wrong is done to one who consents.' A defence where the claimant freely agreed to the risk of harm. Open the note.
Strict liability: An offence in which the prosecution need not prove a guilty mind as to one or more elements. The act must still be proved, and it must still be voluntary. The presumption is that mens rea is required, unless the statute or its subject matter displaces it. Open the note.

Take-home points

In Sierra Leone, liability for animals rests on the common law and negligence; the English Animals Act 1971 does not apply.
Keepers of dangerous species are strictly liable, however tame the animal (Behrens).
For domestic animals, strict liability needs knowledge of the animal's abnormal vicious tendency (May v Burdett).
Owners of straying livestock are strictly liable for cattle trespass, except when driving them carefully on the highway (Tillett v Ward).
There was no common law duty to fence animals off the highway (Searle v Wallbank).