Strict Liability - Animals Flashcards
What are the two categories of animals?
1) Domestic
2) Wild
What is the basic standard of liability for all animals?
“An animal may be wild in one place and domestic in another. Thus, an elephant in England and America will be wild, but in Burma it is a domestic animal.”
What is the Restatement 2nd of Torts Section 506’s definition of a wild animal?
An animal that is not by custom devoted to the service of mankind at the time and in the place which it is kept.
It is a broad topic that includes everything from birds and reptiles, to alligators and rattlesnakes.
What is the Rule/Standard for when an individual is liable for the actions of a wild animal?
Landowners are NOT responsible for harm done by wild animals while on their property, unless:
(1) Owner has reduced the wild animal to their possession; or (2) Owner has introduced a non-indigenous animal to their property.
What is the Restatement 2nd of Torts Section 506’s definition of a domesticated animal?
An animal that is by custom devoted to the service of mankind at the time and in the place in which it is kept.
What is the common law rule for domesticated animals?
The owner of a domesticated animal was not held strictly liable for bites and injuries to the person unless the owner was aware of the animal’s dangerous propensities.
What have dog bite statutes done with the burden of proof in domestic dog bite cases?
They have eased the burden placed upon the plaintiff of having to demonstrate the owner’s knowledge of the animal’s dangerous propensities.
What is the Illinois Law for domesticated animals?
If an animal, without provocation, attacks or injures another person who is peacefully conducting themselves in any place where they may lawfully be, the owner of such animal is liable for civil damages for the full amount of the injury caused.
What are the elements required to prevail for a strict liability domesticated animal claim in Illinois?
1) An injury caused by a dog owned or harbored by the defendant;
2) A lack of provocation by the plaintiff;
3) Peaceful conduct of the injured person; and
4) The presence of the person injured in a place where they had a legal right to be.
What is the common law rule and exceptions regarding trespassing animals?
The owner of an animal viewed as likely to trespass was held strictly liable for trespass to land.
Exceptions:
1) Animals straying from a highway on which they were lawfully being driven;
2) Cats and Dogs.
