Highway Collisions Involving Straying Animals: Negligence, Strict Liability, Defences and Key Case Law under the Animals Act 1971 (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note explores liability for collisions arising from animals wandering onto highways. It sets out the core principles of negligence that usually determine such claims and points to scenarios where the Animals Act 1971 (AA 1971) could be engaged in certain circumstances. The guidance supports practitioners in thoroughly assessing ownership, control arrangements and foreseeability, all of which are central when advising effectively on liability and evidential needs.

Issues to consider

The majority of matters involving animals entering the highway are generally resolved under negligence. A cause of action might also be advanced in public nuisance, but this seldom adds meaningfully to a negligence claim. This is because, to constitute a public nuisance, the defendant must have performed an act or omission that enables the animals to stray onto the highway in the first place. Some claims have also succeeded under the AA 1971. Anyone keeping animals in a field abutting a road owes a duty to exercise reasonable care to stop them escaping so as to avoid a risk to road users. That duty is governed by the ordinary principles of negligence in practice...

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Web page updated on 21/05/2026

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