ARTICLE - Your rights when injuries are caused by animals

In the 1993 case, Eadie v Groombridge, a German Shepherd escaped from the defendant’s yard. The dog chased a motorcycle, causing a collision whereby the cyclist suffered serious injuries while the dog was killed. The dog had escaped through a gate, which was left partly open.

The owner was found to be negligent because he did not have a self closing mechanism such as a spring hinge to ensure the gate remained closed. The motorcyclist was awarded a large sum for the injuries he suffered.

Commentary
When a person is attacked and injured by an animal owned by somebody else, it is possible to obtain compensation. Generally, it has to be shown that the owner or keeper of the animal was negligent, or “at fault”. Whether negligence exists has to be looked at in each individual case. Each case has its particular circumstances.

For example, farm fencing (kept in reasonable condition) might be considered adequate in rural areas. Such fencing would hardly be adequate in residential areas, particularly if the animal being kept has a propensity to chase cars or attack people.

The Dog Act 1966 provides that owners or keepers of dogs can be liable in certain circumstances, even if they were not negligent. If you have been injured on private or public property, as a result of a motor vehicle accident or in other circumstances you may be entitled to compensation.

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