Section 12.36 Defendant Knew or Should Have Known of the Animal’s Dangerous Tendency

• Library: Tort Law 2016

(2) (§12.36) Defendant Knew or Should Have Known of the Animal’s Dangerous Tendency

Actual or constructive notice of the vicious or dangerous propensity of the animal is an essential element of the cause of action for strict liability at common law. State ex rel. Kroger Co. v. Craig, 329 S.W.2d 804 (Mo. App. S.D. 1959); Boosman v. Moudy, 488 S.W.2d 917 (Mo. App. W.D. 1972). The courts have held as follows:

· The fact that an owner ties up a dog is sufficient to establish the owner’s actual knowledge that

...