Chapter 4 ANIMAL INJURY LIABILITY

• Jurisdiction: North Carolina

4 ANIMAL INJURY LIABILITY

A. Definition

Animal injury liability describes the situation where the keeper or owner of a domesticated animal becomes liable for personal injury to the plaintiff inflicted by that animal.¹

B. Elements

In order to establish that the defendant, who is the owner or keeper of a domestic animal, is liable for injuries inflicted by his animal, a plaintiff must show:

(1) The animal was dangerous, vicious, mischievous, ferocious, or considered to have a vicious propensity; and
(2) The owner or keeper knew or should have known of the animal's vicious propensity, character and habits.²

C. Elements Defined

1. Animal is Considered as Having a Vicious Propensity

Factors such as the animal's past behavior, size, nature and habits are used to determine knowledge of vicious propensity.³ The animal's behavior following an incident may also be evidence to establish the animal's propensity for violent behavior.⁴

2. Owner or Keeper Knew or Should Have Known

The defendant may be liable if he is either the owner or the keeper of the domestic animal causing the injury.⁵ The owner of the animal is the person to whom the animal belongs; the keeper is one who "with or without the owner's permission undertakes to manage, control, or care for the animal as owners are accustomed to do."⁶ The term "keep" means to "to tend; to feed; to pasture; to board; to maintain; to supply with necessaries of life."⁷ The mere presence of an animal on a person's property does not in itself establish that the property owner is the owner or keeper of the animal.⁸ As far as the defendant's knowledge of the animal's propensity, character or habits are concerned, both viciousness and scienter are indispensable elements to a cause of action for injury inflicted by a domestic animal.⁹ While the defendant's knowledge of a previous bite by the animal gives rise to liability, liability may also attach in other situations, such as where the animal's aggressive tendencies manifest themselves in an unsuccessful earlier attack or in the animal's manner of play.¹⁰

D. Other Causes of Action

In addition to a cause of action for animal injury liability against the owner/keeper of a domestic animal, the plaintiff may also pursue a cause of action for negligence for wrongfully allowing a dog to run at large at night (N.C.G.S. § 67-12; N.C.P.I. - Civil 812.01); allowing domestic livestock to run at large with the owner's knowledge and consent (N.C.G.S. §§ 68-15, -16; N.C.P.I. - Civil 812.02); violation of a municipal leash law or ordinance (see Carr v. Murrows Transfer, Inc., 262 N.C. 550, 138 S.E.2d 228 (1964); N.C.P.I. - Civil 812.04); owning a dog which injures...