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Animal Liability in Torts

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One Bite Rule

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Under the 'one bite rule,' an owner is not held liable for a dog's first bite, assuming they had no reason to believe the dog was dangerous. However, after the first incident, they can be held liable for any further injuries caused by the dog.

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Negligence in Animal Care and Control

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An owner can be liable for negligence if they fail to exercise reasonable care in controlling their animal, leading to injury or damage. For instance, if an individual fails to repair a fence and their dog escapes and bites someone, they can be held liable.

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Fencing Laws

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Some jurisdictions have fencing laws requiring owners to keep their animals within a fenced area. These laws can result in liability for animal owners if their animal causes damage or injury while roaming freely, such as a horse entering a road and causing a car accident.

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Animal Keeper Liability

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Not only animal owners, but anyone responsible for the care, custody, or control of an animal may be held liable for damages it causes. For example, a kennel would be liable if a dog in its care bites someone.

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Dog Bite Statutes

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Many states have statutes that impose strict liability specifically for dog bites. In these jurisdictions, the owner may be liable for damages even if the dog has never shown aggression before. An owner of a dog that bites a pedestrian could be liable under these statutes.

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Trespassing Livestock

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Owners of livestock may be liable for damage caused by their animals if they trespass onto another's property. For example, a farmer could be held liable if their cows escape and trample a neighbor's garden.

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Strict Liability for Wild Animals

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Owners are strictly liable for injuries caused by their wild animals. This means liability exists regardless of the owner's negligence or precautions taken. An owner of a lion, for example, would be liable if the lion escapes and injures someone.

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Attractive Nuisance Doctrine

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The attractive nuisance doctrine can hold an animal owner liable if their animal, considered an 'attractive nuisance,' lures a child onto the property and causes injury. For instance, a homeowner may be liable if their horse attracted a child into a dangerous area, leading to injury.

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