California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A hiker, while exploring a remote area, encountered a chained bear that was part of a private, legally permitted wildlife sanctuary. The hiker ignored 'Do Not Approach' signs and attempted to pet the bear. The bear, startled, bit the hiker, causing serious injury. The hiker sued the sanctuary under strict liability. What is the most likely outcome?
- AThe sanctuary will win because the bear was chained.
- BThe hiker will win because wild animals are inherently dangerous.
- CThe hiker will win because the sanctuary kept a wild animal.
- DThe sanctuary will win because the hiker assumed the risk.
Show answer & explanationAnswer & explanation
Correct answer: D. The sanctuary will win because the hiker assumed the risk.
While keeping a wild animal generally triggers strict liability, the defense of assumption of risk can apply. The hiker knowingly and voluntarily encountered a known risk by ignoring 'Do Not Approach' signs and attempting to pet a chained bear. This is a classic example of assuming the risk of harm from a wild animal.
Why the other options are wrong
- A. The fact the bear was chained might imply some precaution, but the core defense here is the hiker's own conduct in voluntarily encountering the known danger.
- B. This is generally true and forms the basis for strict liability, but it does not negate the defense of assumption of risk.
- C. While true that the sanctuary kept a wild animal, defenses can still apply to strict liability claims.
Assumption of Risk (Strict Liability - Wild Animals)
A defense to strict liability for harm caused by wild animals, where the plaintiff knowingly and voluntarily encountered a known risk associated with the animal.
- Requires subjective knowledge and appreciation of the specific danger.
- Plaintiff's choice to encounter the risk must be voluntary.
- Often arises when plaintiff ignores warnings or provokes the animal.
- This is a complete bar to recovery for strict liability.
Memory trick: Wild Animal Risk: Knew it, did it, lost the suit.