Dáil Éireann Debate, Thursday - 7 April 2011
67 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he will make the owners of farmed deer liable for traffic accidents caused by straying deer similar to the legislation regarding straying bovines; and if he will make a statement on the matter. [7148/11]
View answer68 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he will make farmers of farmed deer responsible for the damage caused to livestock and property by straying deer; and if he will make a statement on the matter. [7149/11]
View answerI propose to take Questions Nos. 67 and 68 together.
I assume the Deputy is referring to the Animals Act 1985 which amended the law relating to liability for damage done by animals. The Act at section 2 provides for an amendment to the former immunity in the common law of negligence in respect of animals on the highway, and, subject to certain conditions, provides for a duty on a person to take reasonable care to see that damage is not caused by an animal straying on to a public road. In this context the word ‘animal' has a broad meaning which encompasses deer. The common law already provides for liability for damage caused by animals to persons and property.
