Published on May 28, 2026
Article 1466 of the Civil Code of Quebec stipulates that the owner of an animal is liable for any damage it causes, whether the animal is under their care, the care of a third party, or has been lost or escaped. This type of liability is classified as strict liability (without fault) because it is inherently linked to risk. The mere presence of an animal creates a general risk for others; therefore, an owner can never claim an absence of fault to clear themselves.
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The Liability of the Animal's Owner
For the owner, this legal provision establishes a presumption of liability against them, strictly based on ownership. In any event, the owner remains liable even when they no longer have direct control over the animal. Furthermore, if multiple people own the animal, they are held jointly and severally liable for any damages caused.
The Liability of the Animal's Custodian
For the user or custodian of the animal, this provision also creates a presumption of liability, but one founded on the concept of custody. A custodian is defined as the person who has actual control, direction, supervision, and authority over the animal—an assessment that remains a question of fact. However, a custodian cannot use this presumption of liability against the actual owner, nor does this presumption apply if there is a pre-existing contractual relationship between the owner and the victim.
The Autonomous Act of the Animal
To trigger liability for either the owner or the custodian, the injury or damage must be caused by the autonomous act of the animal. Physical contact between the animal and the victim is not required. Whether it is a dog bite, a horse kick, or a cat suddenly darting out and startling someone without touching them, the presumption of liability applies. Generally, liability is triggered as soon as damage occurs, even if reasonable preventive measures were taken; unpredictable animal behavior remains the owner's responsibility.
Overturning the Presumption of Liability
However, it is possible to overturn this presumption in specific scenarios by proving one of the following legal defenses:
• Superior Force (Force Majeure): Under Article 1470 CCQ, an unpredictable and irresistible event.
• Fault of the Victim: If the victim's own reckless behavior triggered the animal's reaction.
• Fault of a Third Party: Proving that an unauthorized external person caused the behavior.
In conclusion, an animal owner is almost always held responsible for damages without fault[cite: 1]. For any legal advice regarding a civil dispute, contact us directly at Gaucher Ross.