In recent times, many people have fallen victim to attacks by animals, especially dogs, in their neigbourhood and this has given rise to questions on legal liability when neigbourhood pets attack. This is usually a cause of concern to many due to the fact that you cannot sue the pet. But can you sue its owner? This is a question whose answer depends on varying factors.
Another question is whether there is legislation to this effect. The fact is that there is no universal law passed by the National Assembly that is in force across Nigeria which deals with the issue of liability for animals or pets though each state has its own laws that may touch on such issues.
One of such is the law passed in Oyo State in 2020 due to increased cases of dog attacks on people in residential areas; the law stipulates that every dog owner must ensure his or her dog is kept under proper control to prevent attacks on outsiders and unsuspecting visitors and any dog owner who fails to properly keep his or her dogs is liable on conviction to a fine of N100,000 or risks six months imprisonment, or faces both fine and imprisonment.
However, where there is no specific law on liability for the pet or animal, the law of torts will come into play. Under the law of torts, specifically, scienter action is the relevant application. This deals with liability for animals that are vicious or dangerous; whether wild animals (ferae naturae) and naturally harmless animals which may individually have vicious tendencies (mansuetae naturae).
When an animal is regarded as ferae naturae, the owner will be held liable for injury caused by the animal. On the other hand, when an animal is regarded as a mansuetae naturae, the legal requirement is to prove that the animal in question has vicious tendencies and the owner knew about it.
Aside from the scienter action process, another legal approach is to bring an action for negligence. Generally, pet owners have a duty of care to ensure that their pets do not cause harm to other people or trespass on other people’s properties. In exercising the duty of care, pet owners ought to take reasonable steps to control or restrain their pets, such as using leashes, securing fences and providing adequate training for their pets.
And if a pet owner fails to exercise reasonable care and this adversely affects a third party, they can be held liable for negligence.
Where someone sues a pet owner for damage caused by the pet, the person can sue to get some reliefs: damages, if the pet has caused injury, the person can sue to cover any medical bills, and in addition any damages to punish the pet owner; injunction to compel the pet owner to do certain things like wear a muzzle in public or abatement or confinement of such animals to a public facility to prevent further injury, or in extreme cases for the animal to be put down (killed)
A pet owner can put up a defense that the attack is the fault of the victim through trespass or provocation, attack is an act of nature or the victim gave consent.
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