Dogs
Liability for Dogs
The Control of Dogs Act 1986 revised the law on civil liability in relation to dogs. The Act makes the owner (as defined) strictly liable for injuries caused by dogs to livestock and for damages caused in an attack by a dog on an individual. It is not necessary to show knowledge of a mischievous propensity in the dog or the owner’s knowledge of such previous propensity or to show the injury or damages due to the neglect of a dog.
The owner of a dog includes the occupier of any premises where the dog is kept or permitted to live or remain at any particular time unless such occupier proves to the contrary. If there is more than one dwelling in any house, the occupier of the dwelling in which the dog is kept, or is permitted to live or remain, shall, until the contrary is proved, be presumed to be the owner;
Where livestock are injured by a dog on land on to which they have strayed and either the dog belonged to the occupier of the land or such presence was authorised by the occupier, the person is not liable in respect of damage or injury done to the livestock unless the person caused the dog to attack the livestock.
Other Dogs Liability Issues
A person is liable for the damage caused by a dog kept in any premises or structures to a person trespassing thereon only in accordance with the law of negligence. Liability to a trespasser would arise in limited circumstances only. See the sections on occupier’s liability, which determines liability in these circumstances.
The older rule still applies in respect of circumstances falling outside the above provisions, which are limited to an attack on a person by a dog. An attack implies some element of aggression so that an accident or mischance would not suffice.
The Civil Liability Act provision in relation to contributory negligence, apply to injuries caused by dogs. This may apply where a number of dogs collectively attack livestock for example.In some case, the claimant may be contributorily negligent.
Statutory Regulation
The Control of Dogs Act provides for licensing of dogs and for the control and seizure of stray dogs. It creates offences, which are set out below. There is provision for application to the District Court to restrain nuisance caused by barking dogs.
There are regulations relating to guard dogs. A guard dog must be accompanied by a handler or secured so that it may not go freely about the premises or escape. A warning note must be displayed at all entrances to the premises. Guard dogs must have identification collars and electronic devices with a permanent code.
There is a defence to shooting a dog, who was worrying or about to worry livestock or was otherwise a threat to livestock caused by stray dogs.
The Control of Dogs (Amendment Act 1992 provided stricter rules on dangerous dogs. The Minister may, by regulations, specify standards for premises at which a guard dog is, or more than 5 dogs aged over 4 months are, kept, and make provision for the use and control of dogs.
Liability for Injury
Where a complaint is made to the District Court by any interested person that a dog is dangerous and not kept under control or on conviction, it appears to the court that the dog is dangerous and if not kept under proper control, the court may order the dog to be kept under proper control or destroyed.
The expenses of destruction are payable by the owner. Expenses are recoverable as above. Where a dog is proven to have caused damage in an attack on any person or livestock, it may be dealt with as a dangerous dog.
Worrying Livestock
It is a defence to an action for damages against a person for shooting a dog,
- that the dog was shot for worrying or about to worry livestock, and
- there was no other reasonable means of ending or preventing the worrying, or
- that he was a stray dog in the vicinity of a place where livestock had been killed or injured, and
- the defendant reasonably believed he had been involved in the injury or killing, and
- there is no practical means of seizing the dog or ascertaining to whom it belonged, and
- he was the person in charge of livestock, and
- he notified a member of Garda Síochána within 48 hours of the dog being shot.
A person may not, without reasonable excuse, permit livestock to remain unburied in any field to which a dog can have access. This does not apply to any carcass which has been treated with poison in accordance with the legislation on the protection of animals.
A search warrant may be granted where there are reasonable grounds for believing a dog has attacked or worried livestock, or persons in possession of the dog or there are reasonable grounds for believing the dog was involved in such an attack. The search warrant authorizes the Garda Síochána to enter the premises and search for the dog. The dog may be removed.
Nuisance / Barking
Where a complaint is made to the District Court by any person that it appears a nuisance is created because of excessive barking by a dog, the court
- may order the occupier to abate the nuisance by exercising due control over the dog
- may order that the number of dogs be limited at the premises
- may direct the dog be delivered to the dog warden to be dealt with as if he is an unwanted dog.
Before making a complaint, the person shall serve a prescribed form on the defendant, specifying his intention to make the complaint.
References and Sources
Irish Books
Tully Tort Law in Ireland 2014
McMahon & Binchy Law of Torts 4ed 2013
McMahon & Binchy Case Book on the Law of Torts 3ed 2005
Connolly Tort Nutshell 2ed 2009
Quill Torts in Ireland 4ed 2014
Fahey Irish Tort Legislation 2015
Healy Principles of Irish Torts 2006
EU and UK Texts
Lunney, M. and K. Oliphant Tort law: text and materials. 5ed 2013
Peel, Edwin, Goudcamp, James Winfield and Jolowicz on tort 19 ed 2014
Horsey, K. and E. Rackley Tort law. 6ed edition 2019
Deakin, S., A. Johnson and B. Markesinis Markesinis and Deakin’s tort law 7ed 2012
Giliker, P. Tort 5ed 2014
McBride, N.J. and R. Bagshaw Tort law 6ed 2018
Steele, J. Tort law: text, cases and materials 4ed 2017
O’Sullivan, J., J. Morgan, S. Tofaris, M. Matthews and D. Howarth Hepple and Matthews’ tort: cases and materials 7ed 2015
Horsey, H. and E. Rackley Kidner’s casebook on torts 13ed 2015
Clerk & Lindsell on Torts 22ed 2019
Charlesworth & Percy on Negligence 14ed 2019