Vendrella v. Astriab Family Ltd. P’ship
Annotate this CasePlaintiffs, a father and his son (minor plaintiff), filed a personal injury action when a horse, which was kept at a facility owned by Defendants, bit the minor plaintiff. The trial court granted summary judgment for Defendants, concluding that there was no genuine issue of material fact as to whether Defendants had actual or constructive notice that the horse had mischievous propensities. The appellate court reversed. The Supreme Court affirmed, holding (1) the appellate court properly concluded as a matter of law that the keeper of a domestic animal has a duty to exercise reasonable care to prevent injuries that are foreseeable because the animal belongs to a class of animals that has a propensity to cause such injuries regardless of whether the animal had previously caused an injury; and (2) the evidence submitted by Plaintiffs created a genuine issue of material fact as to whether the minor plaintiff's injury was foreseeable because horses have a natural propensity to bite. Remanded.
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