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2. Jean owns five acres of land in an area of single –


Sent to Legal Experts October 29, 2007 2:47 p.m.

2.     Jean owns five acres of land in an area of single – family homes on mostly one-acre plots. Jean's property contains her house and three outbuildings. Among the animals housed in the outbuildings are Kennel, a dog and Louis, a tiger. Mary, a neighbor, is jogging past Jean's property. Under what circumstances is Jean strictly liable if Kennel bites Mary? Under what circumstances is Jean strictly liable if Louis bites Mary.

Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
October 29, 2007 2:58 p.m. (11 minutes and 13 seconds later)
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I know this one as I am a practicing injury lawyer who works with dog bite cases. Depending upon the dog bite law in the state, here is the answer: If Mary is not trespassing nor provoking the dog, and there is strict liability in this state, then Jean is liable for the dog bite. Some states have a "one bite" rule that provides that a dog owner is not liable unless they knew of the dog's dangerous propensity. If this state is a strict liability state, then Jean is liable unless the limited exceptions to strict liability: provocation or trespassing apply. Since you did not mention trespass or provocation, if this is a strict liability state Jean is liable, if this is not a strict liability state then Jean is only liable if she kinew her dog's dangerous propensity and did not take care to prevent injury.

In every state in which I am familiar there is strict liability, with no exceptions, for wild animals such as tigers. It does not matter in most states what you do to protect the public, if you have a wild animal such as a tiger, you are going to be liable whenever the tiger hurts someone. The thinking is that you are assuming a great responsibility by harboring a wild animal; therefore, whenever it hurts someone, you are liable even if you were exceptionally careful.

That should answer your question.

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PictureJ D Haas  -- Lawyer (JD) -- 99% Positive Feedback on 1706 Legal Accepts
21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 41 jury trials

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