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

Dog attack injury claims in England and Wales: Animals Act 1971, negligence, guard dogs, evidence of previous behaviour, and CICA eligibility

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note explores the pitfalls that may emerge in Personal injury cases stemming from dog attacks and bites, with emphasis on responsibility under the Animals Act 1971 (AA 1971) and at common law for Negligence. It underscores the significance of proof of a dog’s prior behaviour, the particular factors relevant to guard dogs, and the principal considerations when evaluating entitlement to a Criminal Injuries Compensation Authority (CICA) award.

Dog’s previous behaviour

For the majority of canine claims, what the dog has done before is decisive. In negligence, the claimant must demonstrate that the defendant ought to have foreseen a risk of harm and taken reasonable measures to avert it. Where the owner had no basis to expect the conduct complained of, liability cannot be made out. The animal’s background will likewise matter in a personal injury action advanced under AA 1971, s 2(2), where it is asserted that the dog exhibited behaviour that is atypical for the species...

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Web page updated on 22/05/2026

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