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CACI 462

What Is Strict Liability for Injury by Animal With Dangerous Propensities Law in California

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What is the Law in California for Strict Liability for Injury by Animal With Dangerous Propensities - California Civil Jury Instruction CACI 462

California Law

CA Civil Jury Instructions

CACI 462 - Strict Liability for Injury by Animal With Dangerous Propensities

As of September 1, 2010

California Civil Jury Instruction CACI 462

462. Strict Liability for Injury Caused by Domestic Animal

With Dangerous Propensities—Essential Factual Elements

[Name of plaintiff] claims that [name of defendant]’s [insert type of

animal] harmed [him/her] and that [name of defendant] is

responsible for that harm.

People who own, keep, or control animals with unusually

dangerous natures or tendencies can be held responsible for the

harm that their animals cause to others, no matter how carefully

they guard or restrain their animals.

To establish [his/her] claim, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] owned, kept, or controlled a [insert

type of animal];

2. That the [insert type of animal] had an unusually dangerous

nature or tendency;

3. That before [name of plaintiff] was injured, [name of

defendant] knew or should have known that the [insert type

of animal] had this nature or tendency;

4. That [name of plaintiff] was harmed; and

5. That the [insert type of animal]’s unusually dangerous

nature or tendency was a substantial factor in causing

[name of plaintiff]’s harm.

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