Who is Liable for Animal Bites by Wild Animals?
Provided by HG.org
In virtually every jurisdiction, the owner of an animal will be responsible if it injures someone, whether that animal is a pet, a service animal, or on display, such as at a zoo or exhibition. But, people get injured by wild animals, too. When a wild animal attacks someone, who is responsible for the injuries? The injured person? The property owner where the attack occurred? The government?
Liability for Wild Animal Attacks on Private Land
Generally, attacks by wild animals not in captivity are governed by the common law rule of animals ferae naturae (i.e., wild-natured). This concept prevents property owners from being held liable for animal attacks that occur on their land, but it does not protect property owners from liability if they were negligent in preventing the injury. To prove negligence in this type of animal attack case, the injured person (or their survivors) must prove four elements: duty of care, breach of that duty, causation, and damages.
But, if an animal is truly wild, and just happened to be on a person's property at the time of the attack, it may be impossible to show any sort of negligence. Indeed, in some instances the law actually penalizes those who undertake to warn others about the possibility of wild animal attacks. If someone takes it upon themselves to warn others about wild animal attacks on their property, but does an inadequate job such that an injury still occurs, they may have actually invited liability for the inadequate warning.
If you are a property owner with concerns about liability for wild animal attacks, consult with a local attorney who can best advise you of the standards of care in your locality.
Liability for Wild Animal Attacks on Public Land
In some jurisdictions, state and local governments can be held responsible for wild animal injuries that occur on public land. The theory is usually the same as in the private landowner who undertook to warn about the treat of wild animal attacks but did an inadequate job. After all, if we are talking about a state or federal park, the government is likely to have posted signs and have rangers to provide assistance to those within the park. While the government is usually exempt from liability, if it can be shown that the government was in the best position to prevent injury to the victim of a wild animal attack, it may be held liable.
If you were attacked by a wild animal while on public lands, consult with a local personal injury attorney who can help you determine how to make a claim and whether your jurisdiction will recognize such a suit against the government.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Generally, attacks by wild animals not in captivity are governed by the common law rule of animals ferae naturae (i.e., wild-natured). This concept prevents property owners from being held liable for animal attacks that occur on their land, but it does not protect property owners from liability if they were negligent in preventing the injury. To prove negligence in this type of animal attack case, the injured person (or their survivors) must prove four elements: duty of care, breach of that duty, causation, and damages.
But, if an animal is truly wild, and just happened to be on a person's property at the time of the attack, it may be impossible to show any sort of negligence. Indeed, in some instances the law actually penalizes those who undertake to warn others about the possibility of wild animal attacks. If someone takes it upon themselves to warn others about wild animal attacks on their property, but does an inadequate job such that an injury still occurs, they may have actually invited liability for the inadequate warning.
If you are a property owner with concerns about liability for wild animal attacks, consult with a local attorney who can best advise you of the standards of care in your locality.
Liability for Wild Animal Attacks on Public Land
In some jurisdictions, state and local governments can be held responsible for wild animal injuries that occur on public land. The theory is usually the same as in the private landowner who undertook to warn about the treat of wild animal attacks but did an inadequate job. After all, if we are talking about a state or federal park, the government is likely to have posted signs and have rangers to provide assistance to those within the park. While the government is usually exempt from liability, if it can be shown that the government was in the best position to prevent injury to the victim of a wild animal attack, it may be held liable.
If you were attacked by a wild animal while on public lands, consult with a local personal injury attorney who can help you determine how to make a claim and whether your jurisdiction will recognize such a suit against the government.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
