California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A local animal shelter, concerned about public safety, decided to rehome a rescued wolf-hybrid. Despite the shelter's best efforts to train and socialize the animal, the wolf-hybrid escaped its enclosure and attacked a jogger. The jogger sued the animal shelter. Under what theory of liability is the animal shelter most likely to be held liable?
- ANegligence, because the shelter failed to adequately secure the animal.
- BNo liability, because the shelter acted responsibly in trying to train and socialize the animal.
- CStrict liability for wild animals, because a wolf-hybrid retains wild characteristics.
- DStrict liability for abnormally dangerous activities, because rehoming a wolf-hybrid is inherently risky.
Show answer & explanationAnswer & explanation
Correct answer: C. Strict liability for wild animals, because a wolf-hybrid retains wild characteristics.
Owners of wild animals are typically held strictly liable for any harm caused by the animal's dangerous propensities, regardless of the owner's care. A wolf-hybrid, even if partially domesticated, is generally considered a wild animal for strict liability purposes.
Why the other options are wrong
- A. While negligence might be an alternative theory, strict liability is often applied to wild animals, making it a stronger claim.
- B. The 'best efforts' of the shelter are irrelevant under strict liability for wild animals; liability attaches simply because the animal is wild and caused harm.
- D. While rehoming might be risky, 'abnormally dangerous activities' typically refer to activities like blasting or handling explosives, not generally to owning a specific type of animal, even a dangerous one.
Strict Liability: Wild Animals
An owner of a wild animal is strictly liable for injuries caused by the animal's dangerous propensities, regardless of the owner's exercise of reasonable care to prevent harm.
- Applies to wild animals (non-domesticated).
- Owner is liable for dangerous propensities.
- Care exercised by owner is irrelevant.
- Harm must stem from the animal's wild nature.
Memory trick: Wild animals and weird activities incur strict liability.