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 liable. Where it was known the dog may react aggressively, it was not necessary for the plaintiff to show that the dog had any abnormal characteristics.
Citations:
[1990] 1 WLR 459, [1990] 1 All ER 769
Statutes:
Jurisdiction:
England and Wales
Citing:
Dictum applied – Cummings v Grainger CA 1977
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 . .
Cited by:
Approved – Mirvahedy v Henley and Henley CA 21-Nov-2001
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, . .
Lists of cited by and citing cases may be incomplete.
Animals, Personal Injury
Updated: 29 May 2022; Ref: scu.180026