I was bitten by a poisonous snake at a relative’s house. I did not know that the snake was even in the house. After I tried to retrieve a table tennis ball in a dark corner in their basement, the snake bit me. I needed to go to the hospital where I was injected with anti-venom for the type of snake that bit me. But I felt awful for months after this incident. Can I sue for my medical bills, lost wages and personal injuries?
Yes, you have a claim.
Domestic Animals
In a prior post, liability for dog owners was discussed. In that post, the dog owner was responsible for the acts of his dog providing the dog owner has notice of the dog’s vicious propensities. The same is true for cats and “domestic animals.” Agricultural and Markets Law section 108 (list of “domestic animals” defined in New York law). See also Agricultural and Markets Law section 370. Thus, the owner of Garfield the cat is only responsible for the cat’s attack, if the injured party can show that Garfield was vicious, and not the type of cat that was lazy and would sleep all day. Petrone v Fernandez, 12 NY3d 546, 883 NYS2d 164 (2009). Similarly, if Seabiscuit the horse injured a visitor to the farm, the injured party needs to show that Seabiscuit had a vicious propensity prior to the incident. Collier v. Zambito, 1 N.Y.3d 444 (2004).
Sometimes the trickier question in those cases would be what types of animal behavior would give the animal’s owner notice of the vicious propensity. The behavior demonstrating a vicious propensity would be specific to the animal involved. But, that discussion is beyond the scope of this post.
Wild Animals
However, in the case of wild animals, the owner is strictly liable for all the actions of his pet. Arbegast v Board of Educ. of South New Berlin Cent. School, 65 NY2d 161 (1985) and Stevens v Hulse, 263 NY 421 (1934). Thus, you are not obliged to prove that Kaa, the snake, was a vicious snake. You must show that the relative (in whose house you were bit) harbored or owned the snake. Whatever the reason the snake bit you and what ever the reason the snake escaped from its cage, the snake’s keeper is responsible for its actions.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.