LIABILITYFORDAMAGEDONEBY ANIMALS INPUBLICROADS
LIABILITYFORDAMAGEDONEBY ANIMALS INPUBLICROADS

Summary/Abstract: Frequent traffic accidents in public roads in the Republic of Serbia, caused by an animal (most often a dog) entering a public road, raise the question of liability for damage done, which is material in most cases, but there have been quite a few examples of injured parties claiming both non-material and material damage. In order to determine liability for damage done, it is first necessary to establish the status of animals in positive law, i.e. whether they are considered to be dangerous objects and whether in the case of damage done in a public road as a result of an animal getting into the road it is possible to apply the principle of strict liability for damage done by dangerous objects and dangerous activities. On the other hand, it needs to be determined if the issue of liability for damage done varies depending on the type of animal having done damage and if one should resort to the criterion of differentiating between dangerous and non-dangerous animals or if it would be better to differentiate between the actions of wild and domestic animals. In addition, it is required to precisely define the measures for protecting traffic in a public road from game and other animals as stipulated in national regulations and how the entity liable for damage done varies depending on the public road type, which is often point at issue in practice. The author aims to answer the question of application of rules of liability for damage done by animals in public roads because of frequent dilemmas both in theory and in practice about who should be liable for damage done in these situations, which, in turn, makes injured parties unclear on who to bring their claims for compensation of damage against, i.e. which party ought to have capacity to be sued in compliance with law of the Republic of Serbia if action is brought before a competent court. Finally, the author attempts to answer the question in which cases, in compliance with positive law, the party liable may be exempted from liability for damage done in a public road with an involvement of an animal, as well as which circumstances suggest shared, i.e. joint and several liability in the situations specified.

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