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