Section 12.37 Defendant Owned, Harbored, or Kept the Dangerous Domestic Animal

• Library: Tort Law 2016

(3) (§12.37) Defendant Owned, Harbored, or Kept the Dangerous Domestic Animal

An action for personal injury or property damage caused by an animal can be brought against the owner of the animal, Dansker v. Gelb, 352 S.W.2d 12 (Mo. 1961); the keeper of the animal, Brune v. De Benedetty, 261 S.W. 930 (Mo. App. E.D. 1924); and one who harbors the animal, regardless of whether that person is the owner, Merritt v. Matchett, 115 S.W. 1066 (Mo. App. W.D. 1909). Regarding this element, the courts have held as follows:

· Evidence that a defendant kept or harbored other dogs is not probative on the issue of whether the defendant kept or harbored the dog in question. State ex rel. Kroger Co., 329 S.W.2d 804, 809 (Mo. App. S.D. 1959).

· A property owner was found liable for his daughter’s boyfriend’s dog that was left in a pen on his...