strict liability – liability of animals • Helar

The keeper of an animal is the owner of the animal, his servant, agent or proxy having his authority to keep or look after the animal.

For the purpose of tortious liability, animals are classified into the following categories:

The principles of liability under scienter action are the following:

a. Whether or not an animal is dangerous is question of law for the judge to determine relying on expert evidence or judicial notice. Uzoahia v. Atu (1975) 5 ECS LR 139 at 141.
b. Knowledge of the aggressive tendency of an animal is usual imputed to the owner or keeper of the animal, even if such knowledge was that of someone to whom custody of the animal was temporarily given. Daryani v. Njoku (1965) 2 ALL NLR 53.
c. It is not necessary to show that the animal had actually done the particular type of damage on a previous occasion. It is sufficient to prove that it had exhibited a tendency to do that kind of harm in the past. Barnes v. Lucile (1907) 96 L.T 680.
d. It is immaterial where the animal carried out the attack. Fleming v. Orr (1857) 2 Mccq. 14 at 348.
e. The knowledge of an animal’s propensity to attack must relate to the particular propensity that caused the damage. Glanville v. Sutton (1928) I KB 571.
f. Liability for damage caused by the animals attack rest on the person who keeps or controls it. However, the mere fact that an occupier has tolerated the presence of an animal on his land does not make him to be liable for its mischief.

The defences available to the keeper of an animal for its acts include:

a. Fault of the plaintiff.
b. Consent of the injured party.
c. Contributory negligence of the complainant.
d. Act of God: This can occur where lightening or thunder causes an animal to fear and jump on the plaintiff or stampede the plaintiff’s property.

The remedies available to a person for the acts of an animal are the following: