Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Injuries caused by animals: negligence, occupiers’ liability, trespass and nuisance—alternatives to the Animals Act 1971 (England and Wales)

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Practice notes

This Practice Note addresses Negligence, occupiers’ liability, trespass against the person and nuisance arising from animal-related claims. For assistance on proceedings issued under the Animals Act 1971 (AA 1971), consult Practice Notes: Liability under the Animals Act 1971—dangerous species and Liability under the Animals Act 1971—all other animals. This Practice Note reviews the alternative bases of claim. For a summary indicating which causes of action might be relevant, see Practice Note: Types of claim involving animals.

Negligence

The orthodox Rules of negligence govern those who keep or manage animals. Anyone responsible for an animal owes a duty to take reasonable care to avoid causing harm to others. It applies to owners and to those controlling animals in their care. Negligence claims remain significant because the statutory requirements for liability under the AA 1971 can be hard to meet. The extent of any Duty of care turns on the facts, including the animal’s past conduct, its potential to cause injury, and the circumstances in which the harm occurred...

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Web page updated on 21/05/2026

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