Wild animals can pose significant risks to public safety, and Missouri law holds their owners and keepers accountable for any harm these animals cause. Whether you’re a victim of a wild animal attack or an attorney researching liability cases, understanding the intricacies of Missouri’s animal liability laws is crucial. At The Law Office of Chad G. Mann, LLC, we are dedicated to guiding you From Injury to Victory, Your Partner in Justice.
Strict Liability for Wild Animals
In Missouri, the owners and keepers of wild animals are held to a high standard of accountability. Under Missouri law, strict liability applies, meaning that owners are responsible for any damage caused by their wild animals, regardless of prior knowledge of the animal’s dangerous tendencies. This legal principle is firmly established in landmark cases such as Canefox v. Crenshaw (1857) and Beckett v. Beckett (1871), where courts ruled that owners must ensure the safety of their wild animals. If an animal escapes or causes harm, the owner is liable even if they exercised due diligence in securing the animal.
Elements of Liability
To establish a claim for injuries caused by wild animals in Missouri, the plaintiff must prove the following elements:
- Wild Animal Identification:
- The animal involved in the incident is classified as a wild animal under Missouri law.
- Wild animals are typically defined by statutes such as § 578.023, RSMo, which includes species like lions, tigers, wolves, and certain reptiles deemed dangerous.
- Ownership or Keeping:
- The defendant is the owner or keeper of the wild animal.
- Liability extends to those who harbor a wild animal, even if they are not the direct owner or keeper, following the principles outlined in the Restatement (Second) of Torts.
Damages
Under Missouri law, owners or keepers of wild animals are strictly liable for any damages resulting from their animals’ actions, whether the harm is to a person or property. Damages can include:
- Actual Damages: Medical expenses, property repair costs, and other tangible losses.
- Punitive Damages: While not explicitly ruled in Missouri, punitive damages may be awarded if the owner’s actions are deemed malicious or particularly negligent.
Affirmative Defenses to Liability
Wild animal owners and keepers may present certain defenses to limit or avoid liability. Understanding these defenses is essential for both victims and legal professionals.
1. Plaintiff’s Knowledge
In strict liability cases, if the defendant can prove that the plaintiff knowingly and voluntarily exposed themselves to the danger posed by the wild animal, liability may be reduced or dismissed.
2. Trespass
Owners are liable for damages caused by their wild animals even if the injured party was a trespasser on the property, provided the trespasser was present for a lawful purpose.
Exceptions:
- Unlawful Trespassers: Strict liability does not apply if the individual was unlawfully on the property, although Missouri case law does not fully address all scenarios involving trespassers and wild animals.
3. Third-Party Intervening Forces
Even if a third party or an act of nature contributed to the harm caused by the wild animal, strict liability can still apply, emphasizing that the risk introduced by keeping a wild animal remains.
4. Public Officers and Common Carriers
Public officers or employees, as well as common carriers who possess dangerous animals as part of their duties, are exempt from strict liability.
Sufficiency of the Evidence
In Missouri, establishing liability for injuries caused by wild animals requires clear and compelling evidence. The plaintiff must demonstrate that:
- The animal is indeed a wild animal.
- The defendant owned or kept the animal.
- The defendant knew or should have known of the animal’s dangerous tendencies.
- There is a direct causal relationship between the animal’s behavior and the injury.
Protecting Your Rights
Whether you are a victim of a wild animal attack or an attorney assisting a client, understanding these legal principles is vital.
For Victims:
- Document the Incident: Collect evidence, including photos, medical records, and witness statements.
- Seek Medical Attention: Ensure injuries are treated and documented.
- Consult an Attorney: Legal guidance can help you navigate the complexities of proving liability and securing compensation.
For Attorneys:
- Evaluate Knowledge Elements: Assess whether your client’s case can establish the owner’s knowledge of the animal’s dangerous tendencies.
- Gather Comprehensive Evidence: Focus on obtaining detailed records and testimonies that support the elements of liability.
- Understand Defenses: Be prepared to counter affirmative defenses such as assumption of risk or trespass.
How The Law Office of Chad G. Mann, LLC Can Help
At The Law Office of Chad G. Mann, LLC, we predominantly handle personal injury cases, including those involving wild animal attacks. Our dedicated team will:
- Provide Expert Legal Guidance: Navigate the complexities of Missouri’s animal liability laws.
- Investigate Thoroughly: Gather all necessary evidence to build a strong case.
- Advocate for Maximum Compensation: Ensure you receive the damages you deserve for your injuries and losses.
- Counter Defenses Effectively: Utilize our knowledge and experience to overcome any affirmative defenses presented by the defendant.
Contact Us Today
If you’ve been injured by a wild animal in Missouri, don’t face the aftermath alone. Contact The Law Office of Chad G. Mann, LLC for a free consultation. We’re committed to taking you From Injury to Victory, Your Partner in Justice.