Strict Liability + Animals Flashcards
What basis of liability applies when sheep trespass into the field of another?
Strict liability
What basis of liability applies when cattle trespass into the field of another?
Strict Liability
What basis of liability applies when a dog trespasses into the field of another?
Negligence
Which of the following is correct?
1. Strict liability applies for trespassing livestock, but not for trespassing household animals.
- Strict liability applies for trespassing household animals, but not for trespassing livestock.
- Strict liability applies for trespassing livestock, but not for trespassing household animals.
What are the statutes called that changed the common law of strict liability for trespassing animals?
“Fencing In” and “Fencing Out” statutes.
What does a “fencing in” statute require?
It requires the owner of livestock to erect a suitable fence to enclose the livestock.
What does a “fencing out” statute require?
It requires a landower to erect a suitable fence to protect his or her fields from the livestock of another.
What basis of liability applies if a person is attacked by a chimpanzee?
Strict liability
What basis of liability applies if a person is attacked by a dog?
If the owner knew or had reason to know of the dangerous propensity of the animal, then strict liability would apply. If not, then negligence would apply.
What type of plaintiff’s conduct would limit that plaintiff’s recovery for strict liability.
A knowing and unreasonable encounter of the dangerous animal would limit recovery.
What basis of liability would apply if a person was attacked by a cow?
A cow is a domestic animal. If the owner knew or had reason to know of the dangerous propensities of the cow, then strict liability would apply. If not, then negligence would apply.
