Dog's Home Not Liable for Man's Injuries When Separating Dogs

Under the Animals Act 1971, a keeper of an animal that does not belong to a 'dangerous species' is liable for damage caused by the animal if:

• the damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe;
• that likelihood is due to characteristics of the animal which are not normally found in animals of the same species; and
• those characteristics were known to the keeper or the person who had charge of the animal at the time.

Recently, a judge dismissed a claim brought against a dog's home by a man who alleged that he had suffered injuries to his hand and wrist when his dog was attacked by a rescue dog which was being walked by a volunteer. The man claimed that the rescue dog had attacked his dog without warning, and that his hand and wrist had become trapped in the dog leads when he was trying to separate them.

The judge found that the rescue dog had never behaved in that way before and did not have any aggressive characteristics. Even if it did, the dog's home had no knowledge of that. Although the volunteer had breached the home's strict prohibition on interactions with other dogs during walks, there had been no previous indication that the rescue dog might behave in such a way if allowed to interact with another dog. There had thus been no reasonable foreseeability of harm.