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CIVIL LAW (WRONGS) ACT 2002 - SECT 169 Evidence of breach of duty for animals

CIVIL LAW (WRONGS) ACT 2002 - SECT 169

Evidence of breach of duty for animals

    (1)     This section applies if an animal (other than a dog or cat) was on premises and—

        (a)     the occupier of the premises

              (i)     could not lawfully prevent the animal from being on the premises; or

              (ii)     had not consented to the animal being on the premises; and

        (b)     someone other than the occupier of the premises was, when the animal was on the premises, under a duty to another person to take reasonable care that the other person would not be subjected to the danger of the animal causing damage to the other person; and

        (c)     the animal caused damage to the other person.

    (2)     The fact that the animal was on the premises when the damage was caused is evidence of breach of the duty.

    (3)     In this section:

"on" includes in.

"premises" does not include a place that is open to or used by the public as a road.