Also known as: domesticated animals · domestic animal · domestic animals
Written by attorneys · grounded in primary & secondary sources — see below
An animal that is by custom devoted to the service of mankind at the time and in the place in which it is kept. Liability for harm caused by such an animal turns on whether the possessor knows or has reason to know of dangerous propensities abnormal to its class.
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Elm Solar permitted engineer Mariana to bring her large herding dog to the office after hours. The firm knew the dog had previously pinned and growled at another engineer. The dog later bit consultant Glenn in a darkened hallway. Elm Solar faces liability for the injuries.
Austin climbed the outer fence of Molly's farm and waved a jacket at the breeding bull to provoke it. Austin knew the bull's history of charging incidents from prior visits. The bull broke through an inner gate and gored him. Austin's knowing confrontation defeats any strict liability claim.
Eva owns land leased to Northern Crop, which kept a bull with a history of charging humans. Max trespassed and was trampled by the bull. Eva faces the same liability as the actual possessor because she harbors the abnormally dangerous domestic animal.
Daniel brought his elderly gentle spaniel to a crowded public hearing under his desk. The dog unexpectedly bit resident Carla who reached to pet it. Because the spaniel is by custom devoted to human service, ordinary negligence rules apply rather than strict liability for wild animals.
Max deliberately climbed a locked gate and ignored no-trespassing signs to enter a pasture at dusk. Northern Crop kept a bull with a documented history of charging unfamiliar humans there. The bull trampled Max. Strict liability does not apply to this intentional trespasser.
Wesley slipped through a known gap in Ethan's fence after dark to steal parts. Ethan had released his aggressive pit bull loose among the wrecks each night. The dog cornered and bit Wesley. Ethan's negligence duty toward the trespasser is measured by the same rules that govern artificial conditions on the land.
A possessor is strictly liable only when the possessor knows or has reason to know the animal has dangerous propensities abnormal to its class. Liability attaches even if the possessor exercised the utmost care to prevent the harm.
Supporting sources
Yes. The plaintiff's knowing and unreasonable subjection to the risk that the animal will cause harm is a complete defense to strict liability.
…of a town board of health who had killed a horse in obedience to an order of the commissioners on contagious diseases among domestic animals, acting under the alleged authority of the state legislature. The order recited that the animal had been examined and was adjudged to have the glanders. The judge before whom the case was…
…147 U. S. 282 (1893), the Court pointed out that city commons originally had been provided not for recreation but for grazing domestic animals
…a license. Context tells all of us that “licensing” as used in the Act does not include marriage licenses or the licensing of
…on the ground of absolute liability. If, however, the possibility that a violent vibration, concussion, or noise might frighten domestic animals
Supporting sources
Yes. One who harbors such an animal, even without possession, faces the same strict liability as the actual possessor.
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A domestic animal is one that is by custom devoted to the service of mankind at the time and in the place where it is kept. This definition distinguishes it from wild animals that receive different liability treatment.
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No. A possessor of land is not subject to strict liability to one who intentionally or negligently trespasses for harm done by the animal kept on the land.
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The rules are the same as those that apply to other artificial conditions or activities on the land. Ordinary negligence analysis determines whether the possessor failed to exercise reasonable care.
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