South Australian Current Acts South Australian Current Acts (1) Subject to this
section, liability for injury, damage or loss caused by an animal shall be
determined in accordance with the principles of the law of negligence.
(2) In determining the
standard of care to be exercised in relation to the keeping, management and
control of an animal, a court shall take into account—
(a) the
nature and disposition of the animal (which shall be determined according to
the facts of the particular case and not according to any legal
categorisation); and
(b) any
other relevant matters.
(3) It is not
necessary for a person seeking damages for injury, damage or loss caused by an
animal to establish prior knowledge on the part of any other person of a
vicious, dangerous or mischievous propensity of the animal.
(4) In any proceedings
relating to injury, damage or loss caused by an animal, it shall not be a
circumstance of excuse, mitigation or justification that the injury, damage or
loss was caused by reason of the animal straying onto a public street or road.
(5) In an action
arising from injury, damage or loss caused by an animal to an employee, it
shall not be presumed that the employee voluntarily assumed risks attendant
upon his employment that may have arisen from working in proximity to animals.
(6) A court in
determining whether a reasonable standard of care was exercised in a
particular case shall take into account measures taken—
(a) for
the custody and control of the animal; and
(b) to
warn against any vicious, dangerous or mischievous propensity that it might
exhibit.
(7) Notwithstanding
subsection (6), the fact that in a particular case no measures were taken
for the custody and control of an animal, or to warn against any vicious,
dangerous or mischievous propensity that it might exhibit, does not
necessarily show that a reasonable standard of care was not exercised.
(8) Where a person
incites, or knowingly permits, an animal to cause injury, damage or loss to
another, he shall be liable in trespass for that injury, damage or loss.
(9) Subject to
subsection (10), this section operates to the exclusion of any other
principles upon which liability for injury, damage or loss caused by an animal
would, but for this subsection, be determined in tort.
(a) does
not affect an action in nuisance where an animal is the cause of, or involved
in, the nuisance; and
(b) does
not derogate from any other statutory right or remedy; and
(c) does
not affect any cause of action that arose before the commencement of the
Wrongs Act Amendment Act 1983 .