Restatement (Second) of Torts · Section § 217
Overview of the principles of liability regarding the harm caused by animals or domesticating them.
Source: Restatement Restatement (Second) of Torts § § 217
A person is subject to liability for harm caused by animals if the harm arises from the animal's natural characteristics, unless the person took reasonable steps to ensure the animal's behavior was controlled.
This section establishes that if someone owns or possesses an animal and that animal causes harm due to its inherent nature, the owner can be held liable unless they have taken adequate precautions. Essentially, it hinges on the owner's responsibility in managing the animal's behavior.
The rule applies particularly when the owner is aware of the animal's dangerous propensities.
Liability is significantly influenced by whether the owner exercised reasonable care in controlling the animal.
Illustration 1
If a dog known for aggression bites a visitor, the owner may be liable for the injuries sustained.
Illustration 2
If a normally docile horse kicks a passerby unexpectedly, the owner might not be liable if they had no knowledge of any prior aggressive behavior.
This case illustrated the application of § 217 where the owner was found liable for injuries caused by their dog that had a history of aggression.
In this case, the court held the owner liable under § 217 after failing to control a horse that had previously shown signs of aggression.
Understanding § 217 is crucial for pet owners and those involved in animal husbandry since it delineates the responsibilities associated with animal ownership. This section helps inform risk management practices and insurance considerations for potential liabilities arising from animal behavior.