Bar Exam — MBE (Multistate Bar Exam)TortsEasy
A notoriously aggressive dog, owned by a professional dog trainer, escaped its enclosure and attacked a mail carrier on the street. The mail carrier suffered serious bites and required extensive medical treatment. The trainer had taken all reasonable precautions to secure the dog, including a reinforced fence and an electric collar, but the dog managed to dig under the fence. Under which theory is the mail carrier most likely to recover damages?
- ANegligence, because the trainer failed to prevent the dog's escape.
- BBattery, because the dog's attack constitutes an intentional harmful contact.
- CStrict Liability, due to the dangerous propensity of the animal.
- DTrespass to Chattels, as the dog interfered with the mail carrier's person.
Show answer & explanationAnswer & explanation
Correct answer: C. Strict Liability, due to the dangerous propensity of the animal.
Owners of animals with known dangerous propensities (even if domesticated) are often held strictly liable for injuries caused by those animals, regardless of the owner's precautions. The fact that the dog was 'notoriously aggressive' triggers strict liability.
Why the other options are wrong
- A. While negligence might be considered, strict liability is a stronger claim given the dog's known aggression, making the owner liable regardless of precautions.
- B. Battery requires intent by a human actor. An animal's actions are not considered an intentional tort directly attributable to the animal itself for battery purposes.
- D. Trespass to chattels applies to interference with personal property, not personal injury.
Strict Liability for Animals (Dangerous Propensities)
Owners of animals known to have dangerous propensities are held strictly liable for injuries caused by those animals, regardless of the precautions taken.
- Applies to wild animals by nature.
- Applies to domestic animals with known dangerous propensities (the 'one-bite rule').
- Liability is imposed even if the owner exercised reasonable care.
Memory trick: Animal's bite: Strict or Negligent?