ABSTRACT
Q Understand the common law basis for liability Q Understand the statutory defi nitions of dangerous species and non-dangerous
species Q Understand the statutory basis for liability for either Q Be able to critically analyse the tort Q Be able to apply the law to factual situations and reach conclusions as to liability
11.1 Introduction By the middle of the twentieth century, the law relating to liability for damage or injury done by animals was confused. An owner could be liable under various torts on the requirements of those torts being established (see section 11.3). There were also other common law actions which imposed strict liability for harm done by animals. It was acknowledged that animals are by their nature unpredictable and that owners kept animals at their peril. Strict liability depended on whether the animals were ‘ferae naturae’ (loosely translated as wild animals) or ‘mansuetae naturae’ (loosely translated as tame animals). In the case of wild animals, the owner was presumed to know that they were dangerous and would be liable without fault, while in the case of tame animals, knowledge of the animal’s dangerous tendency had to be proved before liability would be imposed. This is perhaps the origin of the saying ‘Every dog is allowed one bite’.
