Owners of roadside land are under no absolute legal obligation to maintain their property to keep animals in. They also owe no duty to prevent their animals straying on to the road unless they are known by them to be dangerous in some way. (Note that in some areas, council regulations may require properties to be fenced).
Exceptions under which the owner is liable for negligence are as follows:-
Note that if you are in a vehicle when an accident is caused as a result of the fault of an animal you may have a claim against the CTP insurer of that vehicle.
These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002.
The responsibility for the control and regulation of dogs lies with the various local government authorities. The civil liability of dog owners is dealt with under common law and the civil courts.
There is a legal distinction between animals that are of a wild nature naturally and animals that are of a kind that are domesticated.
Whether an animal is classified as naturally tame or naturally wild is a matter of law. Domestic dogs are classified as non-dangerous but dingoes have been held to be of the dangerous class.
Where the animal is of the dangerous class, liability will attach for the harm it causes. Where the animal is non-dangerous, liability will only attach if the animal's vicious propensity is known of beforehand.
In lay terms, this limitation on liability is sometimes expressed by the phrase "every dog has one free bite". Evidence is therefore needed as to a dog's history to establish that it has bitten before or been of otherwise unruly behaviour. You will need statements from neighbours and available records from the local council to assist in proving this point.
A major consideration in dog bite cases is whether or not the dog owner or its keeper has assets with which to meet any damages awarded. Generally, it is preferred to launch a dog bite lawsuit only when it is known the dog owner is insured. If the dog owner or keeper owns his or her own home, then it is likely that there will be some form of public liability insurance. Where the dog's owner is renting, then he or she may have no insurance, although sometimes public liability insurance is bundled with contents insurance.