People get injured by wild animals all the time and in many different ways. When the injury occurs on someone else’s land, one issue that can come up is whether the victim can sue the property owner for damages.
Under the common law rule of animals ferae naturae, property owners are generally held immune from liability for these sorts of injuries. The rule only precludes strict liability, however, and property owners can still be found liable for negligence. Continue reading
Posted in Cases, Remedies, Torts
Tagged alligator, bears, deer, elk, horses, invertebrates, mountain lions, negligence, raccoons, sharks
A California man whose cat, Pumpkin, was shot with a pellet gun can seek damages from the alleged shooter to cover thousands of dollars of medical bills. The appellate court refused to limit liability to the fair market value of the cat (basically zero), saying that to hold otherwise would be “inhuman.” Nevertheless, it remains to be seen whether the veterinary expenses will be deemed reasonable, and it’s quite possible that Pumpkin’s owner won’t be awarded the full amount he’s seeking.
– Kimes v. Grosser (Cal. App. 1st Dist. May 31, 2011)
– Bob Egelko, Brentwood man cleared to sue over cat’s shooting, San Francisco Chronicle, Jun. 2, 2011
In related news, a Brooklyn man was charged with reckless endangerment, criminal mischief, weapon possession, and animal torture after he shot his neighbor’s pitbull with a paintball gun. The man, who was Swiss, allegedly told his neighbor that “in Switzerland, we train our dogs not to bark.”
– Jamie Schram and Andy Canpbell, Yelping pooches paintballed, N.Y. Post, Jun. 17, 2011.