Also known as: trespassing animal · animal trespass · animals trespass · trespass by animals · cattle trespass
Written by attorneys · grounded in primary & secondary sources — see below
A rule of strict liability that holds the keeper of livestock or other animals responsible for physical harm to land or chattels caused when the animal enters land possessed by another. The keeper remains liable even if utmost care was exercised to prevent the intrusion.
Talia Torres keeps cattle on her ranch. One night the cattle push through a fence and graze on Thaddeus Tran's alfalfa field, destroying a substantial portion of the crop. Torres had inspected the fence that morning and found no defects. Tran sues for the crop loss. Because the animals trespassed onto Tran's land, Torres is strictly liable for the property damage regardless of her precautions.
Tobias Thomas owns a herd of cattle that includes a bull. The bull wanders onto Tara Tran's property and injures one of her registered heifers. Thomas had maintained all fences and regularly checked the herd. Tran sues for the value of the injured animal and lost breeding potential. Because the bull trespassed, Thomas is strictly liable for the reasonably foreseeable consequences of the intrusion even though he exercised utmost care.
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No. The rule of absolute liability for trespassing animals is limited to damages to real and personal property. It does not extend to personal injuries sustained by the owner of the land or members of his family.
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No. Owners of dogs and cats are not liable, absent negligence, for their trespasses, except where strict liability is imposed by statute or ordinance.
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The owner is held strictly liable for consequences reasonably to be expected from an invasion by animals of the particular kind, including damage to crops, attacks upon other animals, infecting them with disease, or the misalliance of a scrub bull with a pedigreed heifer.
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…supra , that study shows the application of a rule of strict liability in a number of instances, i.e. , for harm done by trespassing animals; on a bona fide purchaser of stolen goods to their true owner; on a bailee for the misdelivery of bailed property regardless of his good faith or negligence; and on innkeepers and hotels at…