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Animals are an important part of our lives, whether they are companions (like dogs and cats) or teammates (like horses). But it's important to know that any owner who has control over an animal can be held responsible if that animal causes injury or damage to others
In this Infosheet, Éducaloi explains how animal owners or caretakers can be held responsible for an animal’s acts and when they may be freed from liability.
You are responsible for the animal(s) you own. Under the law, “animal” has a broad definition. You can be responsible for injuries or other harm caused to a person, another animal, or an object by your dog, cat, horse, cow, reptile, etc.
You are liable for your animal’s act when:
The law is strict toward animal owners: they are subject to a no-fault regime. This means that if someone suffers harm because of your animal, that person does not need to prove that you personally committed a fault. The only proof necessary is that the animal you own caused the damage.
Yes. Even if you’re not the owner, if an animal is in your care or control when it causes damage, both you and the owner may be liable.
For example, you may be responsible for the animal’s acts if you rent a horse for an outing, if you transport animals, if you operate a livestock exchange, or if an animal is in your care for any other reason.
Generally, if you own or are taking care of an animal, you are responsible for any damage that the animal may cause. Even if you take precautions, like posting signs on the doghouse warning that your dog is dangerous, or putting a leash on him, you are not absolved from your responsibility as the owner or custodian of the animal.
The only way that you can partially or totally avoid your responsibility is if you can prove that the damage was caused totally or in part by:
The law presumes that the owner or person in charge of the animal at the time is responsible for the incident. Unless this person can absolve himself of this responsibility (by proving the incident was the fault of the victim, a third party, or a superior force), all you need to prove is the following:
Yes. A dog owner is responsible for any harm caused by the dog even if he had no control over the animal when the incident happened.
Even if an animal is only temporarily in your care and you do not own the animal, it is necessary for you to have “custody” over the animal in order to perform your job. If an incident occurs while a dog is temporarily in your custody, you may be held liable because the animal was under your control at the time.
First of all, the person who rented the horse: this person may be liable because he had custody over the animal at the time of the incident and he was supposed to ensure that it caused no damage.
Secondly, there is the owner of the animal. An owner who hands over a difficult animal to an inexperienced person commits a fault that makes him liable.
Yes. If an animal’s acts were the direct cause of prejudice suffered by the victim, its owner is responsible. There does not have to be physical contact between the animal and the victim.
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