Part 3Liability for animals

Part 3—Liability for animals 18—Liability for animals (1) Subject to this section, liability for injury, damage or loss caused by an animal shall be determined in accordance with the principles of the law of negligence. (2) In determining the standard of care to be exercised in relation to the keeping, management and control of an animal, a court shall take into account— (a) the nature and disposition of the animal (which shall be determined according to the facts of the particular case and not according to any legal categorisation); and (b) any other relevant matters. (3) It is not necessary for a person seeking damages for injury, damage or loss caused by an animal to establish prior knowledge on the part of any other person of a vicious, dangerous or mischievous propensity of the animal. (4) In any proceedings relating to injury, damage or loss caused by an animal, it shall not be a circumstance of excuse, mitigation or justification that the injury, damage or loss was caused by reason of the animal straying onto a public street or road. (5) In an action arising from injury, damage or loss caused by an animal to an employee, it shall not be presumed that the employee voluntarily assumed risks attendant upon his employment that may have arisen from working in proximity to animals. (6) A court in determining whether a reasonable standard of care was exercised in a particular case shall take into account measures taken— (a) for the custody and control of the animal; and (b) to warn against any vicious, dangerous or mischievous propensity that it might exhibit. (7) Notwithstanding subsection (6), the fact that in a particular case no measures were taken for the custody and control of an animal, or to warn against any vicious, dangerous or mischievous propensity that it might exhibit, does not necessarily show that a reasonable standard of care was not exercised. (8) Where a person incites, or knowingly permits, an animal to cause injury, damage or loss to another, he shall be liable in trespass for that injury, damage or loss. (9) Subject to subsection (10), this section operates to the exclusion of any other principles upon which liability for injury, damage or loss caused by an animal would, but for this subsection, be determined in tort. (10) This section— (a) does not affect an action in nuisance where an animal is the cause of, or involved in, the nuisance; and (b) does not derogate from any other statutory right or remedy; and (c) does not affect any cause of action that arose before the commencement of the Wrongs Act Amendment Act 1983.