Does The Type Of Animal Bite Affect The Bite Case
Dog bite laws are extensive, made to protect the public. But what about other domestic animals, like horses, are their bites covered under the dog bite laws? What about wild animals? With each group of animals, there are actually laws in certain states which protect the injured and, in some cases, the owner of the animal.
Domestic Animals
Most states have a standard rule of negligence that covers dog bites. This law also applies to domestic animals. The owner has the responsibility to protect the public from his animal, if he knows that animal is potentially dangerous. However, there is also an additional provision that is not found in dog bite laws. If the injured party is aware that he is approaching the animal at his own risk, then the owner is not liable. Moreover, the owner isn’t liable if the animal is provoked or the injured person’s negligence contributed to the biting incident. Trespassing is another form of negligence on the injured person’s behalf.
Wild Animals
Owners of an animal that is not, nor was ever intended to be domesticated, assume all of the risk. Strict liability laws cover any bite from such an animal. This type of strict liability is more rigid than with dog owners, because owning an animal known to be wild is proof in itself that the owner has knowledge of the animal’s potential danger. The owner is automatically at fault in these cases, despite any precautions taken to prevent a bite, or the actions of the injured. Trespassing, provocation, and any other form of negligence by the injured all fail to negate the owner’s liability in these situations.
Additionally, in some states, the penalties in such cases are much higher with wild animal owners than with dog owners.
As with dog owner liability, owners of domestic and wild animals must take precautions to ensure that the animal does not bite. Unlike dog owners, however, wild and domestic animal owners must take extra precautions—wild animal owners more so than domestic. Owners of these animals should become acquainted with the state and local laws that pertain to their animal.
Info™ State Dog And Animal Bite Information: