New law bid on livestock owners’ accident liability

Mar 13 2008 by Sam Wood, The Journal

NEW legislation could slash insurance costs for owners of certain animals and protect them from unfair compensation claims.

The Private Member’s Bill, has been drawn up with the Country Land and Business Association, which is calling on North East MPs to back it.

The CLA has led the campaign to change the law which leaves owners of animals, such as horses and cattle, potentially facing huge compensation claims, even when it is accepted that an accident involving one of their animals was not their fault.

Keepers of animals, such as horses and cows, can be liable for accidents involving their animals even when they have taken all reasonable steps to prevent the accident; there is liability without fault.

The CLA argues that such a strict, non-fault based liability regime should be restricted to animals that are fundamentally dangerous and which should be kept away from people.

If the Bill becomes law, riding schools, farmers and pet owners will be subject to the usual common law negligence and health and safety laws but the law would remove liability for genuine accidents.

Owners of dangerous animals would continue to be liable. The Bill comes before Parliament tomorrow, and has been brought forward by the Conservative MP for Preseli Pembrokeshire, Stephen Crabb, after two years of campaigning and lobbying by the CLA.

Carole Hodgson, of the CLA’s Equine Team, said: “The need for a change in the law became evident after a House of Lords legal ruling widened the scope of the 1971 Animals Act to include animals such as horses and cattle. The judgment meant that strict liability could potentially be applied to owners of all animals and that people could be held liable for accidents involving farm animals or horses acting in a way which was characteristic of the species – even when all reasonable steps to prevent an accident had been taken.”

That judgment had a huge effect on insurance premiums and some equine businesses have struggled to survive the additional cost burden.

Ms Hodgson added: “This Bill, if it becomes law, could be of significant financial benefit to many rural businesses in the North East.

“It doesn’t seek to free animal owners from blame or a duty of care, but it would free people from the unfair burden of strict liability. This is a hot political issue.”