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In December 2008, a Cheshire farmer issued a warning to farmers, animal keepers and livestock owners regarding the increase of personal injury claims involving escaped animals.
Farmer Stephen Lawson, who is also secretary of The Association of Personal Injury Lawyers (APIL), warned that a rising trend in compensation claims for injuries caused by livestock is giving rise to concern amongst rural communities.
He said that The Animal Act 1971, which governs personal injury claims of this nature, is unpredictable in its application and courts often find themselves with conundrums regarding blame and liability.
Speaking to the Farmer's Guardian online Mr Lawson said that law regarding animal accidents is extremely complex, and large compensation awards can be made against farmers even if they are not responsible for an accident that has occurred. He urged farmers to make sure that they had full liability insurance to protect themselves against such claims.
He added, "Accidents involving a horse or cow tend to have catastrophic consequences for human victims and animals alike.
"In particular, an accident involving a horse or cow escaping on to a public highway and colliding with a car can be exceptionally serious."
Mr Lawson acknowledged that if an animal accident occurred due to negligence by the keeper, then it would seem reasonable that the innocent victim should have the right to make a claim. However, even when a farmer has taken all reasonable precautions against animal escape and has not been negligent, he or she could still be found to be blameworthy. This is known as "strict liability" and means that the owner of the animal will be liable for damage and personal injury regardless of actions taken to minimise the risk of such an accident occurring.
The secretary for APIL said that calls for simplification and reform of the Animals Act had been made, but that, at that time, the best advice for livestock owners was to be fully insured against animal accidents. He advised personal injury claimants to get the best compensation claim legal advice possible.
Animal accidents and personal injury claims with YouClaim
If you have been involved in an accident involving escaped livestock you could be entitled to compensation with the personal injury experts at YouClaim.
Working on a no win, no fee basis all YouClaim personal injury solicitors adhere to the strict and exacting standards laid down by the Solicitors Regulation Authority. Their success rate is high and the claimant is guaranteed to receive 100 per cent compensation in the event of a successful claim.
If you would like confidential compensation claim advice, please call our free UK helpline on 0800 10 757 95 or have an e-chat. If it's not convenient right now we can call you back, or you could give us a few details about your accident by filling in our online claim form and we will call you to discuss your personal injury claim further. Whichever way you choose to contact YouClaim you can be assured we will give you the best service available.
