Delaware
How Behrens v Bertram Mills Circus Ltd applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware law follows similar principles to those established in Behrens, particularly in the area of negligence and liability for unusual activities involving animals. The state's courts emphasize strict liability when it comes to domesticated animals involved in potentially harmful activities.
In Delaware, strict liability may apply to cases involving animal behavior that leads to injury, reflecting the principles in Behrens regarding the responsibilities of owners for dangerous animals.
The court held that owners of domesticated animals are liable for injuries caused by their pets if they had prior knowledge of the animal's dangerous tendencies.
In this case, the court reaffirmed that injury caused by a domesticated animal can impose strict liability on the owner when the animal's behavior is found to be inherently dangerous.
Delaware's approach shares similarities with the Restatement (Second) of Torts, which courts at the federal level often rely on. However, Delaware distinguishes itself with a stronger emphasis on strict liability for injury from domesticated animals.
Issues stemming from negligence and strict liability related to animal law frequently appear on the Delaware bar exam, particularly in the context of torts involving personal injury.