Animals Act 1971, Strict liability and Statutory Defences - Caroline Wood, Sovereign Chambers
15/06/13. Leeds County Court considered the application of S 2(2) of the Animals Act and the defences in the case of Preskey v Carl Sutcliffe (1) Emma Sutcliffe (2) LTL 25.3.2013, Document no. AC0136. The claimant was injured at a pub managed by the first and second defendants when their boxer dog, Frankie, bit the claimant on the face. The court found that the claimant had restrained the dog by straddling her and holding her back with his arms around her chest, did not let go of the dog when asked to do by the second defendant and, as a consequence of being restrained, the dog bit the claimant. The incident occurring after hours and therefore the defence was not covered by the defendants’ public liability insurance.
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