In our previous blog, we discussed how one can bring a civil claim against the dog owner if he/she is a victim of a dog bite/attack and is suffering from personal injuries. What if it is the other way around with someone injuring/killing your pet without any legal justification? Can I claim against that person? The answer is yes as your pet is legally considered ‘property’.
The law
Negligence
There are four elements that need to be established for a claim to succeed:
- Duty of care;
You will need to show that:- (1) the harm/negligence is reasonably foreseeable; (2) you are in a relationship of proximity; and (3) it must be fair, just and reasonable to impose liability.
- Breach of duty of care;
You will need to show that the person who injured/killed your pet was in a position of responsibility or is expected to follow certain professional standards, like a vet.
- Causation; and
You will need to show that the injury/death of your pet was the direct result of the person’s breach of duty of care. For instance, if you forgot to walk your dog on a lead and he got run over by a car, your actions might contribute to the injury/death of your dog. You might also have committed an offence under s 27 of the Road Traffic Act 1988.
- Damage.
It is generally clear that damage has been caused as your pet (property) suffers from injury/death.
Torts (Interference with Goods) Act 1977
You can claim under this Act if there was an ‘intentional/negligent direct interference’ with your pet. It is arguable whether touching amounts to direct interference as it does not deprive you of your pet. Generally, the Court will be unlikely consider someone touching your pet to be direct interference even though it is actionable per se.
Animals Act 1971
If it was not another person but another domesticated animal that injured/killed your pet, then you can claim against the keeper/owner of that animal under this Act. If that animal belongs to a dangerous breed, then the keeper/owner will be strictly liable even though he/she did nothing wrong or could not have prevent that animal from causing damage. If that animal does not belong to a dangerous breed, then you will have to prove each part of the three-stage test in s 2(2) of this Act.
Evidence
Evidence is key to making a successful claim. Once you realise that your pet has been injured/killed, you should take photographs of the injury/death and bring your pet to a veterinary specialist to assess the level/cause(s) of injury/death and compile a report of the same. Any person considering bringing a claim should consider whether it is proportionate to do so.
The costs of litigation in respect of a dispute such as this, should it proceed to trial, would usually run into the tens of thousands of pounds. Clearly unless the injured/killed dog, is a prize pedigree commanding a significant price, the market value of the dog and therefore the damage sustained are unlikely to justify the cost of pursuing the matter. The emotional impact of an individual’s dog being injured could of itself be actionable if it leads to a recognised psychiatric injury, but in the absence of this, it will be for the individual to weigh up if the costs of proceeding are worth the outcome sought.
How can Nelsons help
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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