Legal Definitions - wild animal

A wild animal, in a legal context, refers to any animal that is not typically domesticated and lives in its natural state, independent of human control. These animals are often referred to by the Latin term ferae naturae, meaning "of a wild nature." Unlike domesticated animals, which are generally considered personal property, wild animals are typically not owned by any individual until they are lawfully captured, killed, or otherwise brought under human possession.

This distinction is important because the legal rights, responsibilities, and liabilities associated with wild animals differ significantly from those concerning domesticated animals.

• Example 1: Property Damage

  Imagine a homeowner discovers that a family of raccoons has built a nest in their attic, causing damage to insulation and wiring. Because raccoons are considered wild animals, the homeowner cannot sue a specific person for the damage, as no individual legally owns the raccoons. The responsibility for dealing with the raccoons and repairing the damage falls to the homeowner, often requiring them to contact wildlife control services rather than seeking compensation from an owner.

• Example 2: Hunting and Ownership

  During deer hunting season, a licensed hunter successfully tracks and harvests a deer in a designated hunting area. Before the hunt, the deer was a wild animal, unowned by anyone. However, once the hunter lawfully kills and takes possession of the deer, it ceases to be a wild animal in the legal sense and becomes the personal property of the hunter, subject to relevant game laws and regulations regarding tagging and transportation.

• Example 3: Public Safety and Intervention

  A large coyote is frequently sighted roaming through a suburban park, causing concern among residents about the safety of pets and children. Local animal control or wildlife authorities are called to address the situation. The coyote is treated as a wild animal; it is not someone's pet, and its management falls under state wildlife regulations and public safety protocols, which might involve trapping and relocating it, rather than pet ownership laws that would apply to a stray dog.