Question

X and Y are on a morning walk with their dogs. Y’s dog is ferocious. Z is also on a morning walk. The dogs of X and Y suddenly start fighting and approach Z. Frightened by the dogs, Z tries to step aside and is injured in the process. In this situation, Z can file a suit against whom?

• A. Z can file a suit either against Y or X
• B. Z can file a suit against X alone, as his dog started the fight
• C. Z can file a suit only against Y, as his dog was more ferocious
• D. Z cannot file a suit against either X or Y

Hint:

In animal liability cases, look for the "Ferocious" or "Vicious" tag. The law punishes the owner who knew their pet was a danger to the public but failed to prevent an incident.

Answer 1

The Correct Option is C

Step 1: Identify the applicable legal doctrine.
The Scienter Rule applies to animals: an owner of a domesticated animal is strictly liable for damage caused if they had prior knowledge (scienter) of the animal's dangerous or ferocious propensity; no proof of negligence is required.
Step 2: Apply the Scienter Rule to X and Y separately.
Y's dog is described as "ferocious" so scienter is established for Y; X's dog has no stated dangerous history or known ferocious propensity, so the Scienter Rule cannot be applied to X; Y is strictly liable, X is not.
Step 3: Determine who Z can sue.
Z was injured while trying to avoid Y's ferocious dog; Z can sue only Y under the Scienter doctrine, as Y's prior knowledge of the dog's dangerous nature makes Y strictly liable for injuries it causes.
\[ \boxed{\text{Y only}} \]