PJC General Negligence 2022

A NIMAL I NJURY

PJC 13.2

PJC 13.2

Dangerous Propensity of Domesticated Animal

QUESTION ______ On the occasion in question, did [ describe animal in question ] have danger ous propensities abnormal to its class? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. If the court determines that the animal in question is domesticated, PJC 13.2 should be used if there is a dispute whether it has dangerous propensities abnormal to its class. See Marshall v. Ranne , 511 S.W.2d 255, 258–59 (Tex. 1974), in which the court explains that claims for damages caused by vicious animals are gov erned by principles of strict liability, and claims for damages caused by nonvicious animals are governed by negligence principles. Although the court used the term “vicious,” it did not define the term. However, it did state that the Restatement (First) of Torts §509 (1938) correctly states the liability standard ( see Marshall , 511 S.W.2d at 258), and that provision implicitly defines “vicious” as having “dangerous propensi ties abnormal to its class.” Note that the Restatement (Third) of Torts (2010) uses the phrase “dangerous propensities abnormal to its class” in lieu of “vicious.”

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