lecture 1 traditional strict liability and animals Flashcards
when does strict liability apply for wild animals?
“When wild animals, such as a bear or wolf, are kept as pets,
An owner is liable for injuries caused by the animal.”
“This results even if the owner had no prior knowledge of the animal’s propensity to cause harm, and
even if the owner has exercised the utmost care in preventing harm.”
what about negligence for pets?
Failure to act upon the knowledge of an animal’s abnormally dangerous propensities Question: Did the owner know or should the owner have known of that animal’s dangerous propensities?
what standard applies if an owner is unaware of issues with the pets?
The “ordinary negligence standard” will apply.
The plaintiff must establish that a duty existed between the owner and the victim and
The duty was breached.
When an ordinary, prudent person
should have foreseen the event that caused the injury and
fails to take steps to prevent the injury.
what does a court have to decide about strict liability in regards to an animal?
The kind and character of the particular animal
The circumstances in which the animal is placed
The purposes for which the animal is employed or kept.
SC strict liability statute regarding pets
SC Code § 47-3-110
Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered. . . .
If a person provokes a dog into attacking him then the owner of the dog is not liable.
is liability strict for wild animals?
yes, even if kept as a pet
how to determine if a wild animal?
Those that belong to a category of animals that “have not been generally domesticated and that are likely, unless restrained, to cause personal injury.”
The Third Restatement, note 1, page 579
Does strict liability apply where a wild animal causes injury to someone at a zoo?
No. we like zoos.
cattle trespass
“An owner or possessor of livestock or other animals, except for dogs and cats, that intrude upon the land of another is subject to strict liability for physical harm caused by the intrusion.”
common law fencing rules
Presumed that the owners of animals had the duty to keep animals enclosed and under control.
If they didn’t, and the animals did harm to another’s property (fenced or not), the owners of the animals were liable for damages.
grazing states fencing rules
Much of the land is owned by the US government
If a property owner wanted to keep animals off, he would have to fence them out.
