Definitions
Scienter Action
It is a category within tort law in some commonwealth jurisdictions that deals with the damage done by an animal directly to a human.
Who Can Be Sued?
The owner or guardian who controls the particular animal.
Two Broad Groups(Animal Types)
1. Mansuetae Naturae
2. Ferae Naturae
Define Ferae Naturae Animals
Fierce, Wild, OR Dangerous Species
Mansuetae Naturae Animals
Hamster, Dog, Cat, Rabbit, Turtle, ETC
Define Mansuetae Naturae Animals
Naturally Tamed, Harmless, OR Domesticated Species
Ferae Naturae Animals
Puma, Lion, Jaguar, Cheetah, Snake, Fox, Leopard, ETC
Case Examples
1. Glanville v. Sutton(1928) 1 KB 571
2. Achama v. Read(1938) LRBG 183
3. Baldwin v. Casella(1872) LR7 Ex 325
Three Tort Liabilities
1. Liability for Dangerous Animals(Scienter Action)
2. Liability for Cattle Trespass
3. Liability for Negligence
Defenses
1. Default of the Plaintiff
The plaintiff, at the time he was injured by the animal, was trespassing on the defendant’s land, unless the animal was kept with the deliberate intention of injuring, rather than of merely deterring, trespassers (Sarch v Blackburn (1830) 172 ER 712.
Or where the plaintiff brings the injury upon himself by for eg stroking a zebra at the zoo (Marlor v Ball (1900) 16 TLR 239).
2. Volenti Non Fit Injuria
Zookeepers and animal trainers, injured in the course of their work (Rands v McNeil [1955] 1 QB 253.
3.Contributory Negligence (partial defence)
Plaintiff’s failure to exercise reasonable care for their safety. Has the effect of reducing the amount of compensation if there actions increased the likelihood of the incident occurring.
4. Act of God
An instance of uncontrollable and unforeseeable natural forces.