On the night of 28–29 August 1996, something frightened the animals, which escaped past a wooden barrier and electrified wire fencing onto a track.

Shortly after midnight, Hossein Mirvahedy, a hotel manager, who was driving along this road, collided with the largest of the horses.

"[1] In the County Court, Judge O'Malley dismissed Mr Mirvahedy's claim on the grounds that it was not any abnormal or unusual characteristic of the animals that led to the accident.

In Cummings v Granger 1977 QB 397 an alsatian dog was turned loose in a scrap yard and seriously injured an intruder.

Because the intruder was trespassing the dog owner escaped payment of damages, but in that case liability under the Animals Act 1971 was established.