Topic > Analysis of strict liability rules in dog bite cases

Strict liability arises in the animal context when the animal in question is a wild animal or a domestic animal with a known propensity for violence. This principle is the origin of the famous “one bite” rule for dogs. Strict liability, sometimes called absolute liability, is legal liability for damage or injury, even if the person held strictly liable was not at fault or negligent. In a strict liability rule, proof of causation is a necessary condition for liability. Early common law distinguished between wild and domestic animals for the purpose of imposing liability on their owners. Owners of wild or wild animals were absolutely responsible for harm caused to others. However, owners of pets, such as dogs, were only liable if they had scienter; that is, owners were liable only if they knew the animal's dangerous or mischievous propensities. Tort law has traditionally sought to balance the “usefulness” of an animal with the risk it poses to the public. Common law torts are a legal structure that seeks to distribute risk among members of society; the more valuable a particular asset is to society, the more willing society is, through its legal rules, to shift the risk of the asset to others. This article will explore the various reasons for the establishment of the strict liability rule in dog bite cases which will be supplemented with a case study involving a gas meter reader bitten by a dog on private property and whether other rules exist appropriate applicable to such cases. FACTS OF THE CASE: Pingaro, gas meter reader (plaintiff) warned of the presence of a dangerous dog, cautiously went into the courtyard, two dogs seriously attacked her. He suffered bites that required stitches, ...... center of paper ....../caselaw.findlaw.com/nj-superior-court-appellate-division/1396152.html>Bite Law of dog - New Jersey. Robert Cooter and Thomas Ulen. Law and Economics 6th ed. Pearson Education, Inc. Boston, MA. November 2010.Steven Shavell. Foundations of the economic analysis of law. Harvard University Press, 2004. William M. Landes and Richard A. Posner. The economic structure of civil liability law. Harvard University Press, 1987.Michigan State University College of Law. Animal Legal and Historical Center. Detailed discussion of dog bite laws. Lynn A. Epstein 2006. Article: There Are No Bad Dogs, Only Bad Owners: Replacing Strict Liability with a Negligence Standard in Dog Bite Cases.