The Law on Ownership of Dangerous Animals - Essay Example

Title: The law on ownership of dangerous animals Dated: April 08, 2009. Introduction: The dangerous animals and their possession in England and the Ireland is regulated through a set of laws and regulations for the safety and security of both the animal owner and the animals along with the protection of the general masses as from the dangerous act of these animals. Animals as an important creature in the nature are contributing their due role in the food chain and providing their effective in the whole social system as existing at the world over. The countries have evolved a set of laws so as to protect the lives of the animals through the provision of medicine and other related facilities in their states of disease or any other infection both infectious and of normal routine type. Control of dogs Act, 1986 in Ireland and the Dog Bite Law in England are regulating the ownership of the dangerous animals in both these countries with their effective enforcement plans. The objective of these laws is to ensure security and safety of all the stakeholders especially of the general population from the harmful impacts of the dangerous animals. Moreover, the owners of form animals are required to fence their animals within their authorized and owned premise for the safety and protection of the property from the harmful impacts of their animals. The animals are exercising and discharging their behaviors as on the basis of their genetic makeup as acquired from their parents, the instincts and the learning behavior as incorporated in their developmental mechanisms, however, at occasions the dangerous animals are displaying their unwanted actions and finally damage the lives and property of the others. The laws as enforced in England and Ireland will help the owners to keep their animals intact and to mold their patterns for the protection of general masses from the harmful tactics of the dangerous animals. Dogs are considered as dangerous animals at the occasions when these domesticated animals are biting the general people through their acts of bite. These bites are having the potential to initiate a set of viral and bacterial diseases in their victims. The national governments and the municipal authorities are taking necessary steps to implement the relevant laws for the protection of the potential victims of these dog bites. The legal and administrative steps are helping the law enforcement agencies to discharge their functions and assignments as to protect the citizens from the harmful impacts of the dangerous animals. The degrees of danger vary from mild to medium and finally of extreme nature and the relevant provisions of the animal laws are dealing with the positions as to protect the victims from the dangerous animals. The law on ownership of dangerous animals in England: The "one bite rule," "first bite rule," and "one free bite rule" in England are the different names for a legal procedure and doctrine that determines whether the owner of a domestic animal that is dog can be held legally liable for injuries caused by the harmful act of that animal. These rules are providing a set of procedure to the owners of the dangerous animals to deal with the scenario as to fit the acts of bites as made by the dogs. The first time that a canine attacks a human being is dealt through a paramount legal practice which the state is having in its jurisdiction which adheres to the English common law which pertains to the injuries as inflicted by the domestic animals. The common law has shielded the owner of domesticated animals from civil liability to the first victim of each of his/ her animal from the legal proceedings. This absolving principle came to be known differently as the "one bite rule," the "first bite rule," or the "first bite free" rule as a result from the dangerous animal and from the ownership of that dangerous animal. However, it has regularly been stated in the court decisions that the name of "one-bite rule" is a misnomer in the legal course and in that the rule applies to any type of injury whether or not it was caused by a bite, and that the proof of the dangerous propensity of the animal does not demand the existence of a prior bite even in a biting case from the dangerous dog. The logic and rationale of the one bite rule was that the domestic animals by definition were not treated as injurious, and therefore, the liability could be predicated only on the defendant's knowledge about the animal that had a propensity to behave in illogical and with abnormal manner that was injurious to humans. English common law has strict liability for the canine inflicted injuries upon the victims of the bites of the dogs, therefore, the same was founded on the defendant's scienter  of his /her dog's dangerous act of bite ness. The dog bite statutes vary in different parts of the world for their dealing with the owners and the victims for their protection. They might provide for full compensation to the victims or payments just equivalents to the medical bills, or payment of the medical bills and other economic losses or double compensation under some special circumstances. The compensations are provided to the victims by the owners of the dangerous acts of their animals so as to realize them to tackle the animals with great care precaution for the betterment of all the people from the dangerous steps so as to limit the bites of the animals. In addition to the civil laws, the criminal laws which apply to the owners in relation to their animals keeps the dogs in a safer mode and are generally based upon the principle of one-bite and in such type of situation where the criminal liability usually does not emerge from the dog attacks unless the dog previously engaged in similar biting behavior. In Ireland: In Ireland Control of Dogs Act, 1986 regulates the ownership of the dangerous animals in the country from their harmful biting acts. In the act the damage is treated as a death or an injury that has resulted from the result of a dog bite to a person that has resulted in the shape of an injury or as impression of injury to the victim and the position is treated so as to a safer place for the owners as well as of the victims from the dog bites. The domestication of dogs is regulated through the issuance of a valid license for a dog. The steps are introduced for the creation of a sense of ownership as well as of responsibilities on the part of the owners of the dog so as to make a perfect environment for the entire stakeholder including the owners of the dog in satisfactory mechanism. These licenses are valid for the period of their validity and in places like streets, parks, roads and similar other public places for safer survival of the dogs. Section 2 of the Act provides the conditions for keeping a dog with a valid license for a dog for its possession for a specific period of time with a valid license. The section also provides a mechanism for the transfer of dog to a person who has also a valid license for keeping a dog. Mechanisms and arrangements have been identified for keeping a dog, having a dog and transferring a dog from one person's possession to another person's custody with or without valid consent of both the parties. The issuance of license has been designed with a set of requirement for the fulfillment of the conditions in this regard. The license is issued by the local authorities for the functional areas in which the dog is kept during the period of license for a dog. The license is valid for the functional areas of the issuing local authority and the local authority, with the consent of the minister may enter into an arrangement with any other person for the issue of license on its behalf for a specific period of the license and deemed for all purposes to be a license issued under this Act. The demand for a license requires a set of qualifications as to be possessed by the applicant like the same may be equivalent or above the age of sixteen years, and who has not disqualified in pursuance of section 18 of this Act, from keeping a dog. The transfer of the license is permissible as and when required by the owner of the license along with the dog. The step has been introduced to make the procedure simple but essential for keeping a dangerous animal in the possession of the owner of the dog. The legal and administrative measure as indicated above are designed for keeping the dangerous animal with safe and secure mode of the possession of such type of animals with great care and responsibilities in the countries of the world including the United Kingdom and Ireland. The legal documents will facilitate the owners to deal with the issues of first bite or the subsequent bites of their respective dangerous animals. The practice as adopted by the countries like United Kingdom and Ireland are the models for similar type of countries for the possession of dangerous animals like snakes, reptiles and mammals. Conclusion: The dangerous animals are harmful to the general masses through their bites or second host for a number of nematodes and arthropods which are again harmful to the human beings. The general masses recommended observing the statuary conditions for keeping their domesticated animals. Animal behavior is studied with a set of practices and the learning process for a specific time period. Careful examination of the learning process of the dangerous animals in the shape of the feedback mechanisms and its reporting for the animals like cats and dogs is an essential step for keeping the animals in perfect modes. It is also recommended that owners of the dangerous animals may like to introduce the dangers as associated with these domesticated animals to the general masses. All the stakeholders may like to follow the relevant provisions of the local and national laws so as to benefit the holders of dangerous animals in the shape of safe and secure possession of these animals. The shield as provided by the relevant laws is helpful in keeping the dangerous animals in safe modes with the observance of rules and regulations along with a secure and safe environment for the victims of the dangerous animals(1). Reference: 1. Brody, David C.; Acker, James R.; Logan, Wayne A. (2000). "Introduction to the Study of Criminal Law". Criminal Law. Jones & Bartlett Publishers. ISBN 0-834-21083-5. Read More