Analysis of Strict Liability Rule in Dog Bite Cases

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Strict liability arises in the animal context when the animal at issue is either a wild animal or a domestic animal with a known vicious propensity. This principle is the origin of the well-known “one bite” rule for dogs. Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Under a rule of strict liability, proof of causation is a necessary condition for liability. The early common law distinguished between wild and domesticated animals for purposes of imposing liability on their owners. Owners of fierce or wild animals were absolutely liable for harm caused to others. However, owners of domesticated animals, such as dogs, were liable only if they had scienter; that is, the owners were liable only if they knew of the animal’s dangerous or mischievous propensities. Tort law has traditionally sought to balance the “usefulness” of an animal with the risk it represents to the public. Common law torts is a legal structure that seek to allocate risk among the members of society; the more valuable a particular activity to society, the more willing is the society, through its legal rules, to shift risk of the activity to others. This paper will be exploring the various reasons for establishment of the strict liability rule in dog bite cases which will be complemented with a case study involving a gas meter reader bitten by a dog on private property and whether there are other appropriate rules applicable to such cases. CASE FACTS: Pingaro, gas meter reader (plaintiff) warned of dangerous dog’s presence, with caution proceeded to backyard, two dogs severely attack her. She sustained bites that needed stitches, ... ... middle of paper ... .../caselaw.findlaw.com/nj-superior-court-appellate-division/1396152.html> Dog Bite Law – New Jersey. Robert Cooter and Thomas Ulen. Law & Economics 6th Ed. Pearson Education, Inc. Boston, MA. November 2010. Steven Shavell. Foundations of Economic Analysis of Law. Harvard University Press, 2004. William M. Landes and Richard A. Posner. The Economic Structure of Tort Law. Harvard University Press, 1987. Michigan State University College of Law. Animal Legal & Historical Center. Detailed Discussion of Dog Bite Laws. Lynn A. Epstein 2006. Article: There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability With A Negligence Standard In Dog Bite Cases.

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