A Practical Guide to Personal Injury Claims Involving Animals

A Practical Guide to Personal Injury Claims Involving Animals

by Jonathan Hand

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Overview

Claims for injuries caused by animals are often challenging for even the most experienced personal injury lawyer. This detailed and practical guide covers all aspects of this specialist area, including claims based on strict liability under the Animals Act 1971 and on the various causes of action at common law. It is aimed at lawyers and others whose work covers this field such as insurers and experts, and contains a wealth of guidance which will assist both the newcomer and the experienced practitioner alike.



ABOUT THE AUTHOR

Jonathan Hand has over 20 years’ experience as a practising barrister in Personal Injury and Clinical Negligence work. He has a particular specialism in equine and other animal related litigation, and is well-known for his expertise in this area. He is regularly instructed on behalf of both claimant and defendant clients in claims arising out of personal injury caused by animals, and he has also written and presented extensively on this topic. Jonathan is ranked by Chambers & Partners and by The Legal 500 as a leading junior in both Personal Injury and Clinical Negligence.

Product Details

ISBN-13: 9781911035152
Publisher: Law Brief Publishing Ltd
Publication date: 09/19/2017
Pages: 182
Product dimensions: 6.14(w) x 9.21(h) x 0.39(d)

Table of Contents

Introduction

Part 1 Introduction to the Animals Act 1971

Outline of Strict Liability Under the Animals Act

General Principles and Definitions

(i) Meaning of Animal and Species

(ii) Who Is a Keeper?

(iii) Damage

(iv) Causation

Part 2 Strict Liability for Dangerous Animals Under the Act

Liability for Animals of a Dangerous Species: S.2(1) Animals Act

Liability for Animals of a Non-Dangerous Species: S.2(2) Animals Act – Introduction

Likelihood of the Kind of Damage: S.2(2)(a) Animals Act

Characteristics of the Animal: S.2(2)(b) Animals Act

Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act

Part 3 Defences to Strict Liability for Dangerous Animals Under the Act

Introduction to the Defences to Strict Liability

Damage Due Wholly to the Fault of the Claimant: S.5(1) Animals Act

Voluntary Acceptance of the Risk of Damage: S.5(2) Animals Act

Damage Caused to a Trespasser: S.5(3) Animals Act

Other Defences to Strict Liability

(i) Contributory negligence

(ii) Limitation

Part 4 Animals and the Highway

Introduction to Animals and the Highway

Animals Straying on to the Highway

Users of the Highway

Part 5 Common Law Liability for Animals

Introduction to Common Law Liability for Animals

Negligence

Other Causes of Action

(i) Occupiers’ liability

(ii) Trespass to the Person

(iii) Nuisance

Appendix: The Animals Act 1971

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