Legal Definitions - ad mordendum assuetus

ad mordendum assuetus

This Latin phrase, historically used in common law, describes an animal that is accustomed to bite. It refers to an animal with a known, established habit or propensity for biting, of which its owner was aware. In legal contexts, particularly concerning liability for animal-related injuries, proving that an animal was "ad mordendum assuetus" was crucial for establishing the owner's responsibility.

Here are some examples illustrating this concept:

• Scenario 1: The Aggressive Farm Animal
  Imagine a farmer owns a prize-winning bull that has, on several documented occasions, charged and bitten farmhands or visitors who entered its enclosure. The farmer is fully aware of the bull's aggressive tendencies and its history of biting. If this bull then bites and seriously injures a new farmhand, the legal principle of "ad mordendum assuetus" would apply. The farmer's prior knowledge of the bull's established biting habit would be a key factor in determining liability for the injury.

• Scenario 2: The Nipping Pet
  Consider a family's small terrier dog that, despite its owners' efforts, consistently nips at the ankles of delivery personnel or young children who run past it. The owners have received complaints from neighbors and have witnessed these incidents themselves, clearly understanding that their dog has a habit of biting. If the dog then bites a visiting child, causing an injury, the fact that the owners knew the dog was "ad mordendum assuetus" (accustomed to bite) would be central to any claim of negligence against them.

• Scenario 3: The Unpredictable Horse
  A stable owner has a particular horse known among the stable hands for its unpredictable temperament, especially its tendency to bite when being saddled or groomed, and it has bitten several handlers in the past. The owner is fully aware of this specific horse's established biting habit. If a new stable hand, unaware of the horse's history, is bitten while attempting to groom it, the owner's prior knowledge that the horse was "ad mordendum assuetus" would be a significant element in establishing the owner's responsibility for the injury.