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Sreenidhi A (Student)     15 January 2021

Law of torts

liability for animals- is that an actual liability? If, for instance, an elephant from any zoo ran out on the road, causing chaos, and causing someone shock, can the zoo be held liable for nervous shock? Are there any conditions which must be satisfied for the complainant to be compensated if they are in any way or form injured due to animals?


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 1 Replies

Nandini Warrier   20 January 2021

Good evening,

For the purpose of defining liability of animals, the animals have been divided into two categories- namely animals that are dangerous by nature, and animals that are harmless by nature. Elephants, tigers, lions, bears are a few of the animals that fall under the first category, hence it is concluded that the person having control over such animals will be held liable for the damage caused by the animal's escape. 

But in India, placing the first category on elephants, under every circumstance or condition, is not applicable because elephants are used in various ceremonies or occassions. And for that reason some people tend to keep them as pets, with certain but obvious precautions. 

If the owner knows of the pet's, or animal's vicious nature, then the owner is liable if the animal escaped on the highway, or roads, and causes damage.

Hope this helped!

Regards

Nandini.


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