Liability question

Dee01

Hi there,

Looking for some advice. Say I own a plot of land and let my friend keep his animals there for a nominal fee. A third party maliciously cuts the fences to let his wild animals on to the land. They all escape and cause thousands of euro worth of damage to the next field.... Who is liable for the damage? Thanks in advance.

Victor

Animal owners are normally responsible for the actions of their animals and should have insurance. After all, 'accidents' happen.

https://www.youtube.com/watch?v=NaD67sj1UfQ

However, in such a case the person who cuts the fence would have primary responsibility.

Dee01 wrote: »

his wild animals

Can you own wild animals?

Dee01

Victor wrote: »

Animal owners are normally responsible for the actions of their animals and should have insurance. After all, 'accidents' happen.

https://www.youtube.com/watch?v=NaD67sj1UfQ

However, in such a case the person who cuts the fence would have primary responsibility.

Can you own wild animals?

Thanks victor. Re the wild animals.... Maybe I shouldn't have called them wild..... Basically They're owned by people who don't have land for them, so they spend their time breaking into other people's fields so their horses can feed.

We used to spend every second weekend fixing the fence. We thought having a friend with horses there would deter them. And it has for the most part.

conorh91

Are you asking about criminal or civil liability?

The first step should be to contact the Gardaí

S.19C Criminal Justice (Public Order) Act, 1994

(1) A person, without the duly given consent of the owner, shall not—

(a) enter and occupy any land, or
(b) bring onto or place on any land any object,

where such entry or occupation or the bringing onto or placing on the land of such object is likely to—

(i) substantially damage the land,
(ii) substantially and prejudicially affect any amenity in respect of the land,
(iii) prevent persons entitled to use the land or any amenity in respect of the land from making reasonable use of the land or amenity,
(iv) otherwise render the land or any amenity in respect of the land, or the lawful use of the land or any amenity in respect of the land, unsanitary or unsafe,
(v) substantially interfere with the land, any amenity in respect of the land, the lawful use of the land or any amenity in respect of the land.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

The maximum penalty under this offence is a fine of €4,000 or one month of imprisonment, or both. Once the substantive case against the Defendant is made out, the burden of proof is on the the Defendant to show that consent was given.

See also s.45 Control of Horses Act 1996:

(1) The owner, keeper or person in charge or control of a horse who wilfully or recklessly permits the horse to pose a danger to a person or property or to cause injury to a person or damage to any property shall be guilty of an offence.

(2) A person who wilfully or recklessly causes a horse to pose a danger to a person or property or to injure a person or damage any property shall be guilty of an offence.

The maximum penalties for an offence tried summarily (in the District Court) under s.45 of that Act are a fine of €1,904.61 (or €12,697.38 on indictment), and/ or to a term of imprisonment of up to 6 months (or 2 years on indictment)

As you can see, these are potentially serious offences, especially if these horses have caused thousands of euro worth of damage.

You and the Lessor should really engage a solicitor, given the extent of the damages. The individuals who caused the damage could be found liable in trespass, but you/ the lessor may also want to make sure you are not exposed in any way e.g. the tort of cattle trespass (horses are cattle for the purposes of this tort). I'm not saying that's likely, just mentioning it for completeness.