Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A professional dog walker was hired to walk a client's highly trained but notoriously aggressive show dog. While on a public sidewalk, the dog, without provocation, suddenly lunged and bit a passerby, causing severe injury. The dog walker had the dog on a leash and was exercising reasonable care. The passerby sued the dog's owner for strict liability. Which defense is most likely to fail for the owner?
- AThe passerby provoked the dog.
- BThe passerby was trespassing on private property.
- CThe dog had no prior history of biting.
- DThe dog walker exercised reasonable care.
Show answer & explanationAnswer & explanation
Correct answer: C. The dog had no prior history of biting.
Under the 'one bite rule' for strict liability involving animals, the owner of a domestic animal is strictly liable for injuries if they knew or should have known of the animal's dangerous propensities, regardless of whether the animal had previously bitten someone. The owner knew the dog was 'notoriously aggressive'.
Why the other options are wrong
- A. Provocation by the passerby is a recognized defense to strict liability for animal attacks, as it breaks the causal chain or indicates assumption of risk.
- B. If the passerby was trespassing, it could be a defense to strict liability for animal attacks, as the owner owes no duty to trespassers regarding domestic animals.
- D. The dog walker's reasonable care is a defense to negligence, but not strict liability. Strict liability applies regardless of the care taken.
Strict Liability for Animals
Owners are strictly liable for harm caused by wild animals they keep, and for domestic animals if they knew or should have known of the animal's dangerous propensities (the 'one bite rule').
- Wild animals: Strict liability applies automatically.
- Domestic animals: Strict liability if owner knew of dangerous propensity.
- Knowledge can be inferred from prior acts or breed reputation.
- Defenses include trespass, provocation, and assumption of risk.
Memory trick: Animals with an 'attitude' bring strict liability, no 'if's or 'but's.