Injuries from Domestic Animals

Forseeability of a potential injury is a crucial factor when determining liability. Furthermore, when determining a keeper's liability for negligent injuries from a domestic animal the forseeability of harm is imperative. An owner of an animal is under a duty to anticipate the occurrence of a foreseeable harm. Also, the owner is to exercise ordinary care to prevent the injury. In cases where, the animal attacks an individual unexpectedly there is no liability upon the owner if at the time reasonable care was being taken.

There is a duty of care required for domestic animal owners. Thus, they are to confine the animal within their premises and kept under constant control. Additionally, when an owner allows their animal to stray on a street, and a driver that is acting reasonably dodges the animal, liability may be imposed on the owner. Moreover, the law requires utmost care and diligence of the owners of cattle being driven through the streets of a town or city with consequent danger to persons who have a right to be there, and due to the use of the automobile has become common, the required degree of care is higher than in the days of horse-drawn vehicles.

The duty of care of a domestic animal depends on the type of animal. For example, if an animal is prone to harmful behavior, but is fairly calm, the owner may still be held liable. However, the owner must have knowledge of the particular propensities that created a foreseeable risk of harm and must exercise reasonable care of the animal.

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