10Evidence of breach of duty in certain cases

#### 10 Evidence of breach of duty in certain cases 10 Evidence of breach of duty in certain cases > > (1) Subject to subsection (2), where: > > > > > (a) an animal is in or on any premises and the occupier of the premises: > > > > > > > (i) may not lawfully prevent the animal from being in or on the premises, or > > > > > > > (ii) in any other case—has not consented to the presence of the animal in or on the premises, > > > > > (b) a person other than the occupier of the premises was, at the time the animal was in or on the premises, under a duty to another person to take reasonable care that the other person would not be subjected to the danger of the animal causing damage to the other person, and > > > > > (c) the animal causes damage to that other person while it is in or on the premises, > > > > the fact that the animal was in or on the premises when the damage was caused is evidence of breach of the duty. > > > (2) Subsection (1) does not apply: > > > > > (a) where the premises concerned are a place used by the public as a road or way, or > > > > > (b) where the animal concerned is a dog or cat. > > **s 10:** Am 1996 No 121, Sch 3.4.