What is the test for establishing liability for animals in negligence?
Ontario, Canada
The following excerpt is from Belton v. Spencer, 2021 ONSC 2029 (CanLII):
Both parties agree that to establish liability for animals in negligence, special circumstances must exist. The owner of an animal cannot be negligent if the animal acts in an unexpected way and injures someone. There must be foreseeability of harm and unreasonable conduct. Put another way, it must be found that the owner of the particular animal, with its particular characteristics, and in particular circumstances, could have reasonably foreseen the danger that could result in damage. Wilk v. Arbour, 2017 ONCA 21 at para 39-40.
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