California First-Year Law Students' Exam (Baby Bar) — MCTortsHard
A local animal shelter, concerned about public safety, decided to rehome a rescued wolf-hybrid dog to a private owner with extensive experience handling exotic animals. Despite the owner's best efforts to secure the animal, the wolf-hybrid escaped and attacked a neighboring farmer's livestock. The farmer sued the animal shelter. Which of the following is the most likely basis for strict liability against the animal shelter?
- AThe shelter engaged in an abnormally dangerous activity.
- BThe wolf-hybrid is considered a wild animal.
- CThe shelter was negligent in rehoming the animal.
- DThe shelter breached an implied warranty of fitness.
Show answer & explanationAnswer & explanation
Correct answer: B. The wolf-hybrid is considered a wild animal.
Strict liability applies to harm caused by wild animals, regardless of the owner's efforts to prevent harm. A wolf-hybrid, by its nature, exhibits characteristics of a wild animal, and thus, strict liability would likely apply to the shelter as the initial owner responsible for placing the animal.
Why the other options are wrong
- A. While potentially dangerous, owning a wolf-hybrid is typically categorized under wild animal strict liability, not the broader 'abnormally dangerous activities' category which usually refers to activities like blasting or storing explosives.
- C. Negligence requires proving a breach of duty, but strict liability applies regardless of negligence, making it a stronger claim here.
- D. Implied warranty of fitness relates to products liability, which is not applicable to an animal shelter rehoming an animal.
Strict Liability: Wild Animals
Owners are strictly liable for harm caused by wild animals, regardless of the owner's care or efforts to control the animal.
- Applies to animals not commonly domesticated.
- Harm must result from the animal's dangerous propensities.
- No need to prove negligence.
Memory trick: Strict liability is for 'A(bnormally) D(angerous) P(roducts) W(ild) A(nimals)' where fault doesn't matter.