« on: April 19, 2006, 11:25:44 AM »
Let's say that I keep a lion in a state of the art cage in my living room.
One night, a man breaks into my house and proceeds to rob the place blind. This is despite the fact that I have large signs saying "Warning: Lion" and him seeing the actual cage when he reaches the living room.
In his thieving, he somehow opens the lion cage and the lion then mauls him.
In terms of tort liability, I am a bit confused how this would play out.
Keeping a lion, a wild animal, in a cage is a strict liability action. I'm liable for anything that happens as a result of keeping this animal.
That fact would mean that I would be liable for his injury.
He is a trespasser though and I only owe him a duty to refrain from willful and wanton conduct. The lion was not serving as a spring-gun, merely my animal companion.
The man also may have assumed the risk by voluntarily entering into my house and then choosing to remain into the house despite clear indications that a lion was contained therein.
Is my strict liability trumped by my Land Owner's Duty Limitation or the Assumption of the Risk?
Any help is welcomed, thanks in advance.