Animals Act, 1985

Amendment of Dogs Act, 1906.

3.—The Dogs Act, 1906, is hereby amended by the substitution of the following section for section 1:

“1.—(1) The owner of a dog shall be liable in damages for damage caused in an attack on any person by the dog and for injury done by it to any cattle; and it shall not be necessary for the person seeking such damages to show a previous mischievous propensity in the dog, or the owner's knowledge of such previous propensity, or to show that such injury or damage was attributable to neglect on the part of the owner.

(2) Where any such damage or injury has been done by a dog, the occupier of any premises where the dog was kept or permitted to live or remain at the time of the damage or injury shall be presumed to be the owner of the dog, and shall be liable in damages for the damage or injury unless he proves that he was not the owner of the dog at that time: provided that where there is more than one dwelling in any house, the occupier of the particular dwelling in which the dog has been kept or permitted to live or remain at the time of the damage or injury shall be presumed to be the owner of the dog, unless the contrary is proved.

(3) Where a dog is proved to have caused damage in an attack on any person, or to have injured cattle or chased sheep, it may be dealt with under section 2 of the Dogs Act, 1871, as a dangerous dog.

(4) Where cattle are injured by a dog on land on to which they had strayed, and either the dog belonged to the occupier of the land or its presence on the land was authorised by the occupier, a person is not liable under this section in respect of injury done to the cattle, unless the person caused the dog to attack the cattle.

(5) A person is liable in damages for any damage caused by a dog kept on any premises or structure to a person trespassing thereon only in accordance with the rules of law relating to liability for negligence.

(6) (a) Any damage or injury for which a person is made liable under this section shall be deemed to be attributable to a wrong within the meaning of the Civil Liability Act, 1961 , and the provisions of that Act shall apply accordingly.

(b) Paragraphs (a) and (b) of subsection (2) of section 11 of the Statute of Limitations, 1957 , shall apply in relation to any such damage.

(7) In this section—

‘damage’ has the same meaning as in the Animals Act, 1985;

‘premises’ includes any house or land.”.