Missouri
How Behrens v Bertram Mills Circus Ltd applies in Missouri: state-specific rules, key cases, and bar exam notes for Torts.
In Missouri, the principles established in Behrens v Bertram Mills Circus Ltd regarding the liability of keepers of wild animals are generally upheld. Missouri law recognizes strict liability for owners of animals that are classified as wild or inherently dangerous when they cause injury.
Under Missouri law, for a claim of strict liability concerning animal attacks, the plaintiff must show that the animal is classified as wild and that the owner knew or should have known of the animal's dangerous propensities.
The court held that strict liability applies to the owner of a dangerous animal that causes injury to others.
This case reaffirmed that owners can be held strictly liable for injuries caused by their animals if the animal has a known propensity for aggression.
The court indicated that an animal owner may be held liable for injuries even if the animal acted in an unforeseen manner, as long as it is classified as dangerous.
Missouri's strict liability standard for wild animals aligns with the broader federal approach found in common law. However, federal jurisdictions may incorporate additional standards of negligence, depending on the specific context of the case, whereas Missouri focuses strictly on the classification of the animal and the owner's knowledge of its propensities.
Understanding the application of strict liability in animal attack cases is crucial for the Missouri bar exam, as it often appears in tort scenarios concerning negligence and liability.