Dangerous Domesticated Animal Lawyers
Dangerous Domesticated Animals – Strict Liability
A person attacked by a dangerous domesticated animal can often file a claim or a lawsuit to seek compensation for their injuries. A domesticated animal is one that we keep in a tame condition, such as dogs, cats, and horses. A person must prove the following four elements for this claim: (1) the defendant owned or possessed the animal; (2) the animal had dangerous propensities abnormal to its class; (3) the defendant knew or had reason to know that the animal had dangerous propensities; and (4) the dangerous propensities were the producing cause of injury. Let’s look at these 4 elements broken down.
The first element – the defendant owned or possessed the animal.
The second element – an animal has dangerous propensities abnormal to its class – simply means that a particular dog, for example, acts in a way different from other dogs. A dog that attacks people unprovoked or that is generally ferocious might meet this element. Whether a particular animal meets this element depends on the facts of the particular case.
The third element – the defendant knew or had reason to know that the animal had dangerous propensities – is fairly straightforward. If a person knew that his dog did not like children, or that it attacked people for no reason, then this element is met. Also, this element is met even if a person did not know that his or her animal had dangerous propensities. If the person knew enough about the dog that the person should have known that it was dangerous, that knowledge is enough.
The fourth element – the dangerous propensities of the animal were the producing cause of injury. While proximate causation requires that a defendant foresee that his actions might cause injury, producing causation does have the same requirement. If a defendant’s actions cause injury, under a producing cause analysis, the defendant is liable even if the injury was not foreseeable. This is called “strict liability” in the law.
If you were injured by a dog or other dangerous domesticated animal, Zinda Law Group is here to help. Call our domesticated animal injury lawyers today at 800-863-5312 to get a free legal consultation.