Thursday, September 1, 2011

Getting Good Legal Protection For Animal Claims

By Byron Jonas


Getting good legal protection for animal claims involves finding the appropriate solicitor who can make the claim accordingly. The law in this area is mainly governed by the Animals Act 1971 and distinguishes between dangerous animals and non-dangerous animals, therefore it is the job of the solicitor to decide in which area of law to bring a claim.

People keeping dangerous animals will find that there is strict liability if that animal should cause any damage. It is not a requirement to prove that the defendant is to blame, as the liability will be imposed for the fact that the wrong has occurred rather than for a particular fault. However, the solicitor will be able to advise the defendant about any possible defences.

There will only be liability on a person who keeps an animal that is usually considered harmless and is domesticated if the animal gives a cause for fear that there are unusual characteristics to mean it is potentially dangerous.

Liability can only be imposed for personal injury. This will be imposed under section two on the person who is the keeper. The keeper is defined under section three of the Act as the person who own or has the animal in his possession, or who is the head of a household in which a member under sixteen owns or has the animal in his possession.

The original keeper will remain liable for any damage caused if the animal strays, unless and until another person has fulfilled the requirements of subsection three of section six. This means there could be more than one keeper, giving the claimant more protection because they will have choices of who to sue.

The definition of a dangerous animal in section six, subsection two of the Act is one of which is not usually domesticated in the British Islands, and that the fully grown animals will normally have certain characteristics that mean they may be likely, unless they are restrained, to possibly cause severe damage, or that any of the damage that they may cause is likely to be severe.

The potential ferocity of some animals, for example tigers, is a clear indicator that they would be part of this category. The size may also be taken into account, therefore elephants would also be suited to being categorized in this way. This means that dangerous potential is not only a question of fact, but a question of law. Finding a solicitor that can sort these rules and definitions is key to getting good legal protection, as he or she will then advise the best area in which to make a successful claim.




About the Author:



No comments: