Companion Animals Act 1998 No 87
Current version for 5 December 2019 to date (accessed 5 August 2020 at 15:37)
Part 3 Division 2
Division 2 Liability for injury or death caused by dog
25   Liability for injury to person or damage to personal property
(1)  The owner of a dog is liable in damages in respect of—
(a)  bodily injury to a person caused by the dog wounding or attacking that person, and
(b)  damage to the personal property of a person (including clothing) caused by the dog in the course of attacking that person.
(2)  This section does not apply in respect of—
(a)  an attack by a dog occurring on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the person attacked was not lawfully on the property or vehicle and the dog was not a dangerous dog, menacing dog or restricted dog at the time of the attack, or
(b)  an attack by a dog that is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner’s employees or agents.
(3)  This section does not apply in respect of a police dog or a corrective services dog.
(4)  This section does not affect the liability apart from this section of any person for damage caused by a dog.
26   Continuation of liability when person dies from dog attack
Where the death of a person is caused by a dog wounding or attacking the person and the person would (had death not ensued) have been entitled under section 25 to recover damages from the owner of the dog in respect of bodily injury caused by the wounding or attack, the wounding or attack is, for the purposes of the Compensation to Relatives Act 1897, taken to be a wrongful act such as would (had death not ensued) have entitled the injured person to maintain an action against, and recover damages from, the owner of the dog in respect of that act.
27   Liability for injury to animal
(1)  The owner of a dog is liable in damages in respect of injury (whether or not fatal) to another animal (whether or not a dog, but other than vermin) caused by the dog attacking or chasing it.
(2)  This section does not apply in respect of—
(a)  a dog attacking or chasing another animal on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the dog is not a dangerous dog or menacing dog under this Act at the time of the incident, or
(b)  a dog attacking or chasing another animal in the course of droving, tending, working or protecting stock, or
(c)  a dog attacking or chasing another animal where the attacking or chasing is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner’s employees or agents, or
(d)  a dog attacking or causing injury to another animal, where its doing so is in immediate response to, and is wholly induced by, an attack on the dog made by the other animal.
(3)  This section does not affect the liability apart from this section of any person for damage caused by a dog.
28   Contributory negligence
(1)  When damage suffered by a person that gives rise to a liability on the part of the owner of a dog to pay damages under this Division is the result partly of contributory negligence on the part of the person who suffers the damage, the damage is, for the purposes of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, taken to have been suffered as the result partly of a wrong by the owner of the dog and partly of the contributory negligence of the person who suffered the damage.
(2)  This section does not affect the operation of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 in respect of any liability for damage caused by a dog that arises otherwise than under this Division.