ON APPEAL FROM PLYMOUTH COUNTY COURT
MS RECORDER PHILLIPS
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE AIKENS
SIR DAVID KEENE
| SARA ADDIS, MARCUS ADDIS AND TRACEY PEARCE (as personal representatives of BRAIN ADDIS deceased)
|- and -
|(1) DEBBIE CAMPBELL
|- and -
|(2) GEORGE LEAMAN
Richard Stead (instructed by LA Marine) for the Respondents
Hearing date : 14 July 2011
Crown Copyright ©
Lord Justice Stanley Burnton :
The circumstances of the accident
My view is that Taz is a well-managed, well socialised dog who would not, under foreseeable circumstances, be threatening or aggressive towards people.
He did add:
However, his reactions may, in particular circumstances, be boisterous or present handling/management challenges in the presence of particular dogs, especially in a confined space or if restrained on a leash.
At the time of the accident, Taz was not on a leash and was not in a confined space.
Staffordshire Bull Terriers are powerful dogs and Taz himself is able to move at considerable speed …. In collision at that speed with a person, Taz could cause injuries on impact of the sort which are claimed by Mr Addis. However, I did not see any occasion in which Taz was clumsy or misjudged space or distances in relation to his physical environment, people or dogs. He seems to be a nimble, well-coordinated animal.
The question of whether a person has acted negligently is not answered simply by analysing what he did or did not do in the circumstances that prevailed at the time in question and then testing it against an objective standard of "'reasonable behaviour". Before holding that a person's standard of care has fallen below the objective standard expected and so finding that he acted negligently, the court must be satisfied that a reasonable person in the position of the Defendant (i.e. the person who caused the accident) would contemplate that injury is likely to follow from his acts or omissions. Nor is the remote possibility of injury enough; there must be a sufficient probability of injury to lead a reasonable person (in the position of the Defendant) to anticipate it."
Lord Justice Aikens:
Sir David Keene: