Whippey v Jones: CA 8 Apr 2009

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 allowed. The damage caused was found by the judge only to be a possibility if the dog was released in these circumstances, but liability should only have been found if such an injury was likely.

Waller, Rimer, Aikens LJJ
[2009] EWCA Civ 452
Animals Act 1971 2(2)
England and Wales
CitedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
CitedGlasgow Corporation v Muir HL 16-Apr-1943
The House considered the proper test to define the standard of care that must be adopted by the reasonable man in a claim for negligence.
Held: Lord Clauson said that the test is whether the person owing the duty of care ‘had in contemplation . .
CitedBolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Animals

Updated: 09 November 2021; Ref: scu.341244