Legal Definitions - dangerous-tendency test

The dangerous-tendency test is a legal standard used to determine if the owner of an animal should be held responsible for injuries the animal causes. This test focuses on whether the owner knew, or reasonably should have known, that their animal had a specific inclination or "propensity" to behave in a way that could inflict harm.

Essentially, it asks: Did the animal have a history or characteristic behavior that indicated it was likely to cause injury, and was the owner aware of this tendency?

• Example 1: The Aggressive Dog

  Imagine a dog owner whose pet, Buster, has a history of growling, barking aggressively, and lunging at strangers who approach the fence or front door. While Buster has never bitten anyone severely, several neighbors have complained about his intimidating behavior, and the mail carrier has reported being chased. One day, Buster escapes the yard and bites a passerby.

  How it illustrates the term: In this scenario, a court applying the dangerous-tendency test would consider whether Buster's owner knew about his consistent aggressive displays towards strangers. Even without a prior severe bite, the repeated aggressive lunging and chasing could establish a "dangerous tendency" that the owner was aware of, making them potentially liable for the bite.

• Example 2: The Unpredictable Horse

  Consider a riding stable that owns a horse named Spirit. Spirit has a known habit of suddenly kicking out with his hind legs when he hears loud noises or is approached from behind, even though he has never directly injured a rider or stable hand. One afternoon, a new stable hand is leading Spirit and is unexpectedly kicked, suffering a broken leg.

  How it illustrates the term: The dangerous-tendency test would examine whether the stable, as Spirit's owner, was aware of his specific propensity to kick unpredictably when startled. If this behavior was known, even if it hadn't caused serious injury before, it could establish a dangerous tendency, leading to the stable's liability for the stable hand's injuries.

• Example 3: The Protective Mother Cat

  A cat owner has a female cat, Luna, who recently had kittens. Luna has always been friendly, but since giving birth, she has become extremely protective, hissing and swatting at anyone who comes near her litter. The owner has witnessed this behavior multiple times. One day, a visiting child, unaware of Luna's new temperament, tries to pet a kitten and is scratched and bitten by Luna.

  How it illustrates the term: Here, the dangerous-tendency test would evaluate if the owner knew about Luna's changed behavior and her new propensity for aggression when her kittens were approached. Even if Luna was never aggressive before, her recent, observed protective aggression constitutes a dangerous tendency that the owner was aware of, potentially making the owner liable for the child's injuries.