How To Prove A California Animal Injury Liability – Wild Animal Claim

 

How To Prove A California Animal Injury Liability - Wild Animal Claim

 

In California, a claim of Animal Injury Liability – Wild Animal is defined as:

Animal Injury Liability makes animal owners legally responsible when their animal attacks a person and causes injury.

It simply means:

Liability for injuries inflicted by an animal.

There are 3 elements of the claim:

  • Element 1. The defendant was the owner, keeper, or controller of the wild animal. The defendant is the person who owns, takes care of, or has control over a wild animal involved in an injury claim, meaning they are responsible for the animal’s actions and any harm it may cause.

    Facts that might support this element look like:

    * The defendant had a fenced enclosure on their property specifically designed to contain the wild animal in question.
    * The defendant regularly fed and cared for the wild animal, demonstrating control over its well-being.
    * The defendant was present at the location where the wild animal was kept during the incident in question.
    * The defendant had obtained the necessary permits to own and keep the wild animal, indicating legal ownership.
    * The wild animal was registered in the defendant’s name with local wildlife authorities, confirming their status as the owner.

  • Element 2. The plaintiff was harmed. The plaintiff was harmed means that the person who is making the claim suffered some kind of injury or damage, such as physical harm or emotional distress, as a result of an encounter with a wild animal that the owner is being held responsible for.

    Facts that might support this element look like:

    * The plaintiff sustained physical injuries requiring medical treatment after being attacked by the wild animal.
    * The plaintiff incurred significant medical expenses due to the injuries caused by the wild animal.
    * The plaintiff experienced emotional distress and anxiety as a result of the encounter with the wild animal.
    * The plaintiff lost wages due to time off work for recovery from the injuries inflicted by the wild animal.
    * The plaintiff’s property was damaged during the incident involving the wild animal, leading to additional financial loss.

  • Element 3. The wild animal under defendant’s control was a substantial factor in causing the plaintiff’s harm. The wild animal that the defendant owned or managed played a significant role in causing the injury or damage suffered by the plaintiff, meaning that the animal’s behavior directly contributed to the harm experienced.

    Facts that might support this element look like:

    * The defendant’s wild animal escaped from its enclosure and entered the plaintiff’s property.
    * Witnesses observed the wild animal aggressively approaching the plaintiff before the incident occurred.
    * The plaintiff sustained injuries directly after being bitten by the wild animal while it was under the defendant’s control.
    * The defendant had prior knowledge of the wild animal’s aggressive behavior and failed to take necessary precautions.
    * The injuries sustained by the plaintiff required medical treatment, directly linking them to the actions of the wild animal.

(See California Civil Jury Instructions (CACI), No. 461.)
If you’re representing yourself in court and plan to assert a claim of Animal Injury Liability – Wild Animal, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Our resources can help you navigate this complex process effectively.

Prove Your CA Animal Injury Liability – Wild Animal Claim

U.S. Civil Cases Only

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