(1)A person is not liable under sections 2 to [F24A] of this Act for any damage which is due wholly to the fault of the person suffering it.
(2)A person is not liable under section 2 of this Act for any damage suffered by a person who has voluntarily accepted the risk thereof.
(3)A person is not liable under section 2 of this Act for any damage caused by an animal kept on any premises or structure to a person trespassing there, if it is proved either—
(a)that the animal was not kept there for the protection of persons or property; or
(b)(if the animal was kept there for the protection of persons or property) that keeping it there for that purpose was not unreasonable.
(4)A person is not liable under section 3 of this Act if the livestock was killed or injured on land on to which it had strayed and either the dog belonged to the occupier or its presence on the land was authorised by the occupier.
(5)A person is not liable under section 4 of this Act where the livestock strayed from a highway and its presence there was a lawful use of the highway.
[F3(5A)A person is not liable under section 4A of this Act in respect of a horse which strays from a highway when its presence there was a lawful use of the highway.]
(6)In determining whether any liability for damage under section 4 of this Act[F4, or under section 4A of this Act so far as relating to a straying horse in England,] is excluded by subsection (1) of this section the damage shall not be treated as due to the fault of the person suffering it by reason only that he could have prevented it by fencing; but a person is not liable under that section where it is proved that the straying of the livestock on to the land would not have occurred but for a breach by any other person, being a person having an interest in the land, of a duty to fence.
Textual Amendments
F1Word in s. 5 heading substituted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 4(3)(a), 5(1)
F2Word in s. 5(1) substituted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 4(3)(a), 5(1)
F3S. 5(5A) inserted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 4(3)(b), 5(1)
F4Words in s. 5(6) inserted (26.5.2015) by Control of Horses Act 2015 (c. 23), ss. 4(3)(c), 5(1)