MBE® Flashcard

WHAT IS THE RULE CONCERNING LIABILITY FOR POSSESSION OF ANIMALS?

 

 

 

Wild Animal Rule: If the defendant keeps a wild animal, and the plaintiff is injured because the animal does something characteristic of that animal, the keeper is strictly liable no matter how unforeseeable it is that the harm would occur.

Domestic Pet Rule: One free bite. Absent a statute for strict liability, the keeper of a domesticated pet is not liable unless the keeper knows or should know of the animal’s dangerous propensity.

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