MBE Rules · Torts
Strict liability — animals
The rule
Wild animals: strict liability for harm from dangerous propensities typical of the species. Domestic animals: strict liability only if owner knows or should know of dangerous propensities ("one bite rule"). Trespassing animals: strict liability for foreseeable harm to property (livestock).
In plain English
You're automatically responsible for harm caused by your wild animals. For pets, you're only responsible if you knew they were dangerous. If your animals damage property, you're responsible if it was predictable.
Worked example
The defendant's pet tiger escapes and injures a neighbor. The defendant is strictly liable for the injury because tigers are inherently dangerous. If the defendant's cow tramples a garden, they're liable for the damage since it's foreseeable.
Memory hook
Wild vs. Mild: Wild always liable, Mild needs a bite. Wild animals bring strict liability; domestic ones need prior knowledge of danger.
The trap
Students think: Domestic animals always have strict liability. Wrong, because you need knowledge of danger. Actual test: prior dangerous behavior.
How examiners test it
The MBE loves: dog bites someone, owner unaware of prior aggression. Trap: assuming strict liability applies. Test: owner's knowledge of dangerous propensity.
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