Archaic immunity from the long face of the law

• Published date: 08 June 2022
• Subject Matter: Litigation, Mediation & Arbitration, Personal Injury
• Law Firm: Travis Schultz & Partners
• Author: Ms Rachel Last

Imagine being injured in a motor vehicle accident because a horse had, yet again, escaped onto the road from a nearby property. Your injuries are life-changing, and you are experiencing a devastating loss of income. Then imagine being informed that the owner of said horse has immunity from the laws of tort because of a 75-year-old decision which has been abrogated in all states and territories apart from Queensland and the Northern Territory.

Animals straying onto roads

As those practicing in the personal injury arena would be well aware, a controversial and archaic English case from 1947 governs owners' or occupiers' liability for damage or injury caused by animals straying onto highways. This case is Searle v Wallbank [1947] AC 341; (1947) 1 All ER 12.

In Searle v Wallbank, the Court found that owners or occupiers of land adjoining highways are under no legal obligation to fence, or maintain their fences, along a highway to prevent animals from straying onto the road. The Court went further to say that owners or occupiers of land adjoining highways owe...