ACCIDENTS INVOLVING ANIMALS

When a person is attacked and injured or property is damaged by an animal owned by someone else, there may be several ways to obtain compensation. The remedies vary according to the place in which the injury occurred. This is because of the different rules and standards of care which apply to the different places. In many cases, criminal liability also applies.

INJURIES CAUSED BY DOGS

The law in this area is regulated by the Dog and Cat Management Act 1995 . Under the Act, the owner or person into whose possession a dog has been delivered is responsible for any injury, loss or damage caused by her or his dog. A victim only has to show that there has been damage and that this was caused by the dog. It is not necessary to show that the person responsible for the dog was negligent or knew that the dog was vicious or dangerous (Vanderkop v Harding[2000] SASC 100). However, where:

the dog was provoked
the damage was caused by another animal attacking the dog
the injury was to a trespasser
the dog was being used in reasonable defence of a person or property
the dog was in someone else's possession or control without the owner's consent, or
the injured person contributed to the occurrence of the injury
the person responsible for the dog may only be partially liable or not at all.

Most household insurance policies provide public liability cover for injuries caused by dogs on the owner's property. All dog owners should make sure that they have this type of insurance. It is also possible to buy legal liability insurance which protects dog owners no matter where the injury occurs.

Compensation

There are three types of compensation claims that can be made where an injury is caused by a dog. If a dog owner is prosecuted by a local council, the injured person can provide a list of his or her expenses to the council who can seek an order that the owner pays compensation [Dog and Cat Management Act 1995 s 47(1)(g)]. However, this option may be of little use if the owner has no money or assets.

Another means of pursuing compensation is to take civil action against the owner of the dog; this is called a common law claim. The possible amount that can be claimed is higher than under either of the other options discussed. The injured person will have to determine what amount of money will compensate him or her for the injuries. It is advisable to see a private lawyer or seek legal advice from a community legal centre or the Legal Services Commission.

Because a dog owner commits a criminal offence when a dog causes injuries, injured persons are entitled to claim compensation for their injuries under the Victims of Crime Act 2001 , see who can claim compensation? Although the amount of compensation that can be awarded under the Act is less than what can be awarded against the owner in a common law claim, if the owner cannot be identified or does not have any assets or insurance a victims of crime compensation claim may be the only claim that can be made.

If victims of crime compensation is awarded, the State of South Australia will pay the compensation and will try to recover the amount paid from the owner of the dog.

INJURIES CAUSED BY OTHER ANIMALS

Under the Civil Liability Act 1936 s18, compensation for injuries caused by animals (other than dogs) is decided according to the principles of the law of negligence. Injuries caused by cats are not subject to any special rules and the ordinary rules of negligence also apply to them. Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. In considering whether reasonable care was taken, the courts consider:

the nature and disposition (or temperament) of the animal
whether measures were taken to confine or control the animal
what measures were taken to warn against any vicious, dangerous or mischievous tendency exhibited by the animal.

It is not necessary for someone claiming compensation to prove that anyone knew that the animal had a propensity to be dangerous.

In relation to farm employees and others in close contact with animals, it may not be enough for the owner to warn about possible risks. The owner may also be obliged to ensure that accidents do not occur by providing safe handling equipment and protective gear. It should not be presumed that the employee accepts the risks which may accompany work involving animals.

Farmers who do not maintain their fences in good order and owners who allow their pets to roam the streets will be held liable for damage to road users caused by the animals. However, if animals escaped onto a road as a result of an unauthorised person leaving a gate open, the owner may not be held liable State Government Insurance Commission v Trigwell 26 ALR 67.

INJURIES TO ANIMALS

If an animal is injured, the owner may be able to claim compensation.It may also be possible to bring a criminal prosecution against the wrongdoer.

Compensation

If an animal is injured intentionally, either directly (for example, by shooting) or indirectly (for example, by laying poisoned bait), the animal's owner will probably have a claim for compensation.

If an animal is injured unintentionally, the owner may be able to claim negligence. This would be difficult to prove, especially if the animal was hit while on a road. In this case, the owner may be sued for damage caused to the vehicle for not controlling the animal properly.

Criminal liability

Heavy criminal penalties are imposed for the abandoning, neglect or ill treatment of animals under the Prevention of Cruelty to Animals Act 1985 s 13, s 15. Licences are required for the use of animals in science teaching, research and experimentation [s 16]. For the purposes of the Act, animals means any animal having a backbone except humans or fish [s 3].

Complaints can be made to the Police or the Royal Society for the Prevention of Cruelty to Animals (RSPCA). The Society will send an inspector to investigate a complaint and will, in many cases, take the appropriate criminal proceedings.