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Torts β’ Strict Liability
TORT#066
Legal Definition
An animal's owner is strictly liable for all reasonably foreseeable damage done by their trespass. This does not apply to household pets.
Plain English Explanation
Animals are a unique form of personal property because they have the ability to roam and interact with the world around them. As a result, the law expects an animal's owner to make sure their animals do not cause harm to others. On exams, this generally comes up with issues surrounding farm animals and you will have to identify (or argue) how the harm that was caused was "reasonably foreseeable." For example, cows and horses eat a lot of plant material and, if a fence breaks and lets them onto a neighboring farm, it is likely that they will eat whatever they find. It's also foreseeable that large animals can cause large amounts of damage by pushing and shoving. The foreseeable harm may also be related to the nature of the animal. For example, if one farmer raises foxes and their neighbor raises chickens, it is foreseeable that if the foxes escaped into the neighbor's land, they could kill the chickens.
Related Concepts
What are valid defenses to strict liability?
What elements are required for a strict liability case?
When assessing strict liability, when is an activity abnormally dangerous?
When is an owner liable for harm caused by their domestic animals?
When is an owner liable for harm caused by their livestock and wild animals?