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NY - Wild animal, possession - Part 820. Required Annual Reporting of the Presence of Wild Animals |
This set of New York regulations provides a form for individuals keeping wild animals to report with the city, town or village clerk within whose jurisdiction the animal is owned, possessed or harbored, on or before April 1st of each year. General Municipal Law (GML), section 209-cc requires the State Fire Administrator, in consultation with the Department of Environmental Conservation, to develop and maintain a list of the common names of wild animals that are reported annually to local authorities. |
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OH - Exotic - Chapter 935. Dangerous Wild Animals and Restricted Snakes |
On June 5, 2012, Ohio governor Kasich signed the "Dangerous Wild Animal Act" into law. Under this new section, no person shall possess a dangerous wild animal on or after January 1, 2014 unless he or she is authorized under an unexpired wildlife shelter/propagation permit or other exception. Dangerous wild animals include big cats, some smaller exotic cats, bears, elephants, hyenas, gray wolves, alligators, crocodiles and nonhuman primates other than lemurs. Except as provided, no person shall acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal on or after the effective date of this section. |
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OH - Wooster - Breed - 505.14 Dangerous and vicious animals. |
In Wooster, Ohio, no person may possess, harbor or keep a vicious animal, which includes any Pit Bull dog. A violation is a misdemeanor of the first degree. The dog or other vicious animal may be removed from the City or be humanely destroyed.
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OK - Dangerous - § 717. Owner of mischievous animal which kills person |
This Oklahoma law states that an owner of a "mischievous animal" who knowing its propensities allows it to go at large or does not exercise ordinary care in keeping it, will be guilty of manslaughter in the second degree if while at large it kills a human. |
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Olier v. Bailey |
Plaintiff was attacked and chased by a domestic goose in Defendant’s yard. As Plaintiff attempted to flee, she fell and broke her arm. Plaintiff sued Defendant in the County Court of Jackson County under a theory of premises liability and, alternatively, under the dangerous-propensity rule. The trial court granted summary judgment because it found that Plaintiff was a licensee on Defendant's property and that Defendant did not breach her duty of care toward Plaintiff. It also denied relief under the dangerous-propensity rule because there was no evidence that the particular goose that bit Plaintiff ever had exhibited dangerous propensities prior to the incident. Plaintiff appealed to the Jackson County Circuit Court, which affirmed. Plaintiff then filed the instant appeal. The Supreme Court of Mississippi held that, while Plaintiff cannot, as a matter of law, pursue her claim under her theory of general premises liability, she can proceed under the dangerous-propensity theory because the court found an issue of fact regarding whether Defendant was on notice of her geese's alleged dangerous propensity. Accordingly, the Supreme Court affirmed the trial court judgment in part, reversed it in part, and remanded for further proceedings. |
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Petersheim v. Corum |
Driver struck bull that had wandered onto a public highway and driver was killed. Court of appeals ruled for wife in a wrongful death action against the bull's owner. The owner had a duty to take reasonable precautions to prevent the bull's escape.
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Peterson v. Eichhorn |
In this Montana case, the plaintiff brought claims for negligence, strict liability for abnormally dangerous domestic animal, and punitive damages against the defendant horse owner. She alleged that defendant's horse bit her while she was on land defendant used for pasturing the horse that adjoined her land. After the lower court granted summary judgment to the defendant, the plaintiff appealed. The Supreme Court held that even though the Montana Supreme Court has not adopted the provision of the Second Restatement of Torts regarding an animal owner's strict liability for injury caused by an abnormally dangerous domestic animal, this was not the test case to do it. The court found that Peterson failed to produce any evidence or legal authority that the horse's biting constituted a “dangerous propensity abnormal to her class” to bring her under the Restatement's strict liability.
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Phillips v. San Luis Obispo County Dept. |
These are detailed briefs on why an administrative hearing is required before a "dangerous" dog is euthanized.
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RI - Livestock, damage done by - Chapter 14. Damage by Animals |
This chapter deals with responsibilities and liability for livestock at large. No horse, bull, boar, ram, or goat shall be permitted to run at large and if the owner or keeper of these, for any reason suffers any animals to do so he or she shall upon conviction be fined not in excess of one hundred dollars ($100) and be liable in addition for all damages done by the animal while so at large. The chapter also specifies procedures for impounding animals found at large. |
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Rickrode v. Wistinghausen |
In this Michigan case, a mother sued as next friend for injuries suffered by her daughter after the daughter was attacked by defendant's domestic cat. The lower court directed a verdict in favor of the cat's owner and the mother then appealed. The Court of Appeals held that evidence warranted submission to the jury on questions of strict liability and negligence. If an owner has knowledge that her cat has bitten children before and that it was suffering from a disease that makes the cat extra sensitive, then a prima facie case has been made that the cat was dangerous, posing more than the normal risk of harm from cats.
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