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  • Essay / Analysis of the Strict Liability Rule in Dog Bite Cases

    Strict liability arises in the animal context when the animal involved is either a wild animal or a domestic animal with a known vicious propensity. This principle is the origin of the well-known “One Bite” rule for dogs. Strict liability, sometimes called absolute liability, is legal responsibility for damages or injuries, even if the person found strictly liable was not at fault or negligent. Under a rule of strict liability, proof of causation is a necessary condition for liability. Early common law rules distinguished between wild animals and domestic animals in order to impose liability on their owners. Owners of ferocious or wild animals were entirely responsible for the harm caused to others. However, owners of domestic animals, such as dogs, are only responsible if they have scientific knowledge; that is, owners were only liable if they knew of the animal's dangerous or malicious propensities. Tort law traditionally seeks 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 activity is to society, the more willing society is, through its legal rules, to transfer the risk of that activity to others. This article will explore the various reasons for establishing the strict liability rule in dog bite cases which will be supplemented by a case study involving a gas meter reader bitten by a dog on private property and whether it there are other appropriate rules applicable to such cases. CASE FACTS: Pingaro, gas meter reader (plaintiff) warned of the presence of a dangerous dog, with caution went to the yard, two dogs attacked him severely. She suffered bites that required stitches,...... middle of paper....../caselaw.findlaw.com/nj-superior-court-appellate-division/1396152.html>Law dog bites – New Jersey. Robert Cooter and Thomas Ulen. Law and economics 6th ed. Pearson Education, Inc. Boston, MA. November 2010. Steven Shavell. Foundations of economic analysis of law. Harvard University Press, 2004. William M. Landes and Richard A. Posner. The economic structure of tort law. Harvard University Press, 1987. Michigan State University School 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..