Regarding liability for damage the Act states :
"Where any damage is caused by an animal which belongs to a dangerous species, any person who is a keeper of the animal is liable for the damage, except as otherwise provided by this Act"
A "dangerous species" is defined as :
"a species which is
"Damage" is defined as
"death or injury to any person, including disease or impairment of physical or mental condition".
It is clear in the Act that damage to property is covered. But the transmission of infectious diseases to another animal does not appear to be covered.
It should be noted that liability is with the "keeper" of the animal and not necessarily the owner. Anyone in possession of an animal at the time it causes damage would be liable for it's actions.
Under Section 3 of the Act the keeper of a dog is liable for damage caused to livestock (including cattle, sheep, pigs, goats, deer, horses, asses, mules, hinnies and poultry). Damage is defined as death or injury.
Under Section 4 the owner of livestock that trespass and cause damage is liable for any expense reasonably incurred by the owner or occupier of the land. The owner can be anyone who has possession of the livestock., e.g. stable owners, stud owners, contract-rearers and others may be liable for damage under the Act. Shepherds and stockmen however are not liable under the Act.
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