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Veitch Penny - Personal Injury

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Let us look at an example of the Animals Act being used when livestock stray onto the road at night time.

One day Mrs N was driving on the road at about 8.30pm in November. It was dark and raining. She was driving close to a farm and unbeknown to her, horses were kept on that farm which were being moved from one stable to another. Whilst the horses were being moved,  one of them was spooked by a loud noise causing it to become agitated.  It broke free and ran down the drive of the farm onto the road. Mrs N was driving down the road when she saw a horse bolting towards her. She could not avoid an accident. The horse collided with the car causing severe damage to the car and injury to Mrs N.

Mrs N wished to pursue a compensation claim. For her claim to succeed three facts must be proved.

  • 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.
  • The incident arose from a characteristic of the animal (or of it's species) and which was known to the keeper.
  • The keeper should reasonably have contemplated the animals reaction and taken measures to protect against harm

Mrs N's claim against the owner of the farm was successful.


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Provisional estimates for the period ending March 2007 compared with the 1994 to 1998 baseline averages indicate that the number of children killed or seriously injured was 51 percent below the baseline.
 

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