‘A Practical Guide to Personal Injury Claims Involving Animals’ by Jonathan Hand

£49.99

Paperback: 978-1-911035-15-2
Published: September 2017
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SKU: B0023 ANIMALS Categories: , Tags: , , ,

Description

Claims for injuries caused by animals are often challenging for even the most experienced personal injury lawyer. This detailed and practical guide covers all aspects of this specialist area, including claims based on strict liability under the Animals Act 1971 and on the various causes of action at common law. It is aimed at lawyers and others whose work covers this field such as insurers and experts, and contains a wealth of guidance which will assist both the newcomer and the experienced practitioner alike.


ABOUT THE AUTHOR

Jonathan Hand has over 20 years’ experience as a practising barrister in Personal Injury and Clinical Negligence work. He has a particular specialism in equine and other animal related litigation, and is well-known for his expertise in this area. He is regularly instructed on behalf of both claimant and defendant clients in claims arising out of personal injury caused by animals, and he has also written and presented extensively on this topic. Jonathan is ranked by Chambers & Partners and by The Legal 500 as a leading junior in both Personal Injury and Clinical Negligence.


CONTENTS

Introduction

Part 1 Introduction to the Animals Act 1971
Outline of Strict Liability Under the Animals Act
General Principles and Definitions
(i) Meaning of Animal and Species
(ii) Who Is a Keeper?
(iii) Damage
(iv) Causation

Part 2 Strict Liability for Dangerous Animals Under the Act
Liability for Animals of a Dangerous Species: S.2(1) Animals Act
Liability for Animals of a Non-Dangerous Species: S.2(2) Animals Act – Introduction
Likelihood of the Kind of Damage: S.2(2)(a) Animals Act
Characteristics of the Animal: S.2(2)(b) Animals Act
Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act

Part 3 Defences to Strict Liability for Dangerous Animals Under the Act
Introduction to the Defences to Strict Liability
Damage Due Wholly to the Fault of the Claimant: S.5(1) Animals Act
Voluntary Acceptance of the Risk of Damage: S.5(2) Animals Act
Damage Caused to a Trespasser: S.5(3) Animals Act
Other Defences to Strict Liability
(i) Contributory negligence
(ii) Limitation

Part 4 Animals and the Highway
Introduction to Animals and the Highway
Animals Straying on to the Highway
Users of the Highway

Part 5 Common Law Liability for Animals
Introduction to Common Law Liability for Animals
Negligence
Other Causes of Action
(i) Occupiers’ liability
(ii) Trespass to the Person
(iii) Nuisance

Appendix: The Animals Act 1971