Harold keeps a tiger in a cage at the circus. One day, Jay crawls under the rope fencing in front of the tiger's cage and gets within inches of the bars to the cage; he is hoping to pet the tiger. The tiger reaches through the bars and claws Jay's body, injuring him. Is Harold strictly liable for the harm caused by the tiger? Why or why not?

What will be an ideal response?


While the wild animal rule makes owners and caretakers of wild animals strictly liable for harm caused to others by those animals, a defense to strict liability applies here. Jay, in climbing under the rope fencing and getting within inches of the bars to the cage, has likely assumed the risk of harm. Accordingly, Harold would not be strictly liable for the injuries sustained by Jay.

Legal Studies & Paralegal

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