[663-9] Liability of animal owners. (a) The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal.

(b) The owner or harborer of an animal which is known by its species or nature to be dangerous, wild, or vicious, if the animal proximately causes either personal or property damage to any person, shall be absolutely liable for such damage. [L 1980, c 218, 2]

 

Cross References

 

Actions for removal or destruction of dogs biting humans, see 142-75.

Equine activities, see chapter 663B.

Liability of dog owner, see 142-74.

 

Case Notes

 

Subsection (b) does not impose strict liability on dog owners. 6 H. App. 485, 727 P.2d 1131 (1986).

 

 

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