The claimant appealed against rejection of her claim for damages for injury suffered falling from the horse on loan to her. Judges: Maurice Kay VP, Stanley Burnton, Lewison LJJ Citations: [2012] EWCA Civ 412 Links: Bailii Statutes: Animals Act 1971 2(2) Jurisdiction: England and Wales Animals, Personal Injury Updated: 06 October 2022; Ref: scu.452442
Horses with no abnormal characteristics were panicked, ran out and collided with a car. The car driver sought damages. Held: The question was not whether the animals betrayed abnormal characteristics of which the owners should have been aware, but rather, given their lack of abnormality, whether the reaction was one which was characteristic of what … Continue reading Mirvahedy v Henley and Henley: CA 21 Nov 2001
The defendant owned a bull mastiff dog. It was known to react fiercely when protecting its territory. The plaintiff, a child, had known the dog since it was a puppy, and approached as the dog was about to be put into a car. The dog bit his face causing injury. Held: The owner was strictly … Continue reading Curtis v Betts: CA 1990
The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence. Held: The appeal failed on either account. The judge had directed himself properly in his … Continue reading Welsh v Stokes and Another: CA 27 Jul 2007
The claimant fell from a horse hired to her by the defendant. She claimed for her injuries, and appealed rejection of her claim in strict liability under the 1971 Act. The horse was known to be lively and occasionally to buck, but the claimant was a very experienced rider. A horse was a domesticated animal … Continue reading Freeman v Higher Park Farm: CA 30 Oct 2008
The claimant was running along a river embankment. A large dog owned by the appellant, taking it for a walk, was off the leash. It ran out at the claimant who broke his ankle falling into the river. The defendant appealed against a finding that he had been negligent. Held: The dog owner’s appeal was … Continue reading Whippey v Jones: CA 8 Apr 2009
A riding accident occurred at a cubbing meet. The plaintiff’s leg was injured when the defendant’s horse kicked out. A claim was advanced under section 2. This horse, like any horse, was liable to kick out when approached too closely, or too quickly, from behind, but there was no evidence to suggest that it was … Continue reading Breeden v Lampard: CA 21 Mar 1985
Questions as to the scope of the strict liability obligation that arises under s. 2 of the Animals Act 1971 (‘s. 2’) (‘the Act’). It arises out of a claim by the Appellant for personal injury damages and consequential losses following an incident on 15 September 2018 when the horse that she was riding (‘the … Continue reading Ford v Seymour-Williams: CA 8 Dec 2021
The defendants’ horses escaped from the field, and were involved in an accident with the claimant’s car. Held: The defendants were liable under section 2(2). To bolt was a characteristic of horses which was normal ‘in the particular circumstances’, these being some sort of fright or other external stimulus. Section 2 places all animals into … Continue reading Mirvahedy v Henley and another: HL 20 Mar 2003
A claim was made for personal injury suffered riding a horse. Held: The court doubted whether a propensity occasionally to move otherwise than as directed can be described as a characteristic of a horse, for the purposes of s. 2(2)(b), but, if it can, the trial judge had failed to identify either the particular times … Continue reading Clark v Bowlt: CA 26 Jun 2006
An untrained Alsatian dog was turned loose in a scrap-yard to deter intruders. The dog seriously injured the plaintiff who had entered the yard. Held: The requirements of section 2(2) were satisfied but the defendant was entitled to rely upon the trespasser defence provided by section 5. The dog had characteristics not normally found in … Continue reading Cummings v Grainger: CA 1977
