What The Law Says When Animals Attack
Have you ever shared a fence with a pet owner before? Many times, it feels like both you and the pet owner are raising the pet because their pet may often sneak into your compound, mess your things up, make loud noises or emit foul odours, etc.
But since you obviously cannot sue the pet, the question is- can you sue its owner? The short answer is- it depends. The long answer is in the rest of this article, so read up!
What does the Law say?
Firstly you should know that there is no universal law passed by the National Assembly in force across Nigeria that deals with the issue of liability for animals or pets. However, each State has its own laws that may touch on the issues, for instance Oyo State in 2020 passed a law on this. Following the passage of the law, every dog-owner must ensure his or her dog is kept under proper control to prevent attacks on outsiders and unsuspecting visitors. Any dog owner who fails to properly keep his or her dogs is liable on conviction to a fine of N100,000 or risks six months imprisonment or faces both fine and imprisonment.
Where there is no specific law on liability for the pet or animal, then the law of torts will come into play. Under the law of torts, there is something called scienter action. This has to do with liability for animals that are vicious or dangerous – they are divided into wild animals (ferae naturae) and naturally harmless animals which may individually have vicious tendencies (mansuetae naturae).
When an animal is regarded as ferae naturae, the owner will be held liable for injury caused by the animal. On the other hand, when an animal is regarded as a mansuetae naturae, the legal requirement is to prove that the animal in question has vicious tendencies and the owner knew about it.
Aside from the scienter action process, another legal approach is to bring an action for negligence. Generally, pet owners have a duty of care to ensure that their pets do not cause harm to other people or trespass on other people’s properties. In exercising the duty of care, pet owners ought to take reasonable steps to control or restrain their pets, such as using leashes, securing fences and providing adequate training for their pets.
If a pet owner fails to exercise reasonable care and this adversely affects a third party, they can be held liable for negligence.
What are the consequences?
Where someone sues a pet owner for damage caused by the pet, the person can sue to get the following reliefs from the court:
Damages – obviously the ability for the person to sue for damages and monetary compensation is something that is most important here. If the pet has caused injury, the person can sue to cover any medical bills, and in addition any damages to punish the pet owner.
Injunction – In addition to that, the person can also sue to get an injunction compelling the pet owner to do certain things, e.g. that the pet must always wear a muzzle in public, or the pet owner cannot take the pet to certain locations etc.
Abatement or confinement – of such animals to a public facility to prevent further injury, or in extreme cases for the animal to be put down (killed)
Any Defences?
These are some of the defences that a pet owner being sued for the actions of his pet may rely on any of these two defences:
Fault of the victim – for example, when the victim trespassed into the defendant’s property or provoked the animal,
Consent of the victim e.g a veterinary doctor’s job already puts them at risk of being attacked, and they have impliedly consented to this risk
Act of nature e.g. if a cat attacks another pet or a person in self defence or due to natural instinct.
Contributory negligence – where the pet owner is jointly liable with another third party, and so it is not the sole responsibility/liability of the owner.
Culled from Law Padi
