Zoo Liability Lawsuit

Generally, the ordinary laws of negligence and premises liability are applicable to situations involving personal injury claims against an agency responsible for operating and maintaining a zoo.

Similar to amusement parks open to the public, zoos present many potential dangers to those who visit them. As such, zoos have a heightened duty of care to keep its visitors from harm. This includes the patrons’ visits to see the animals, and also applies to the patrons’ use of the carnival rides that the zoo provides. For example, zoos can be held liable for defects in a rollercoaster, from collisions between bumper cars, or from falls from a ferris wheel.

What Is Negligence?

Negligence is a legal concept that enables injured people to seek compensation for harm or damages caused by the carelessness of others. A person is considered negligent if they acted carelessly given the specific circumstances surrounding the situation.

Four essential elements must be demonstrated to establish negligence and recover for injuries:

• You must prove that the defendant had a duty to act with “reasonable” care toward you. “Reasonable care” is the level of care an ordinary, prudent person would exercise in the same situation
• You must prove that the defendant breached the duty of care. Sometimes you will be able to identify a particular action or non-action that breached the duty of care. If you cannot, sometimes breach of duty can still be established by showing that the incident that occurred could not have happened unless the defendant breached the duty of care (this is called “sine qua non,” which is Latin for “without which, nothing,” meaning “without [something],” [something else]” wouldn’t be possible)
• You must prove that the defendant’s actions were the cause of your injury. You must prove two types of causation: “cause in fact,” meaning that the defendant’s behavior was the direct cause of the damage (it wouldn’t have happened if the defendant had acted appropriately), and “proximate cause,” essentially meaning that the defendant’s action can be held to be the legal cause of the accident.
  • An example: an elderly man is pushed down in the street. He retreats to the sidewalk. When he recovers and tries to cross the street, he is hit by a car. The person who pushed him down took the first step that started the chain of events, and thus it is the factual cause of the car crash. He is also the proximate cause because it is fair to hold him, and perhaps not the driver, liable for the injuries
• You must prove you had some injury or expense as a result

If you can establish these four elements, you will have proven that the defendant (the zoo) was negligent, and you are entitled to damages.

Damages in a negligence case would usually be for two things:

1. General damages: This category covers pain and suffering, mental anguish, and other similar emotional or mental harms
2. Special damages: This category covers out-of-pocket monetary losses, such as medical bills, the cost of damaged personal items, loss of time from work, and similar items

If you can show that the defendant acted with “gross negligence” (they engaged in particularly risky behavior) or that they acted intending to cause harm, you may be entitled to an additional type of damages, known as “punitive damages.” Punitive damages are awarded when the judge or jury really wants to punish the defendant for their bad behavior. If the defendant is a large company or a wealthy individual, punitive damages can run into the thousands, even millions, of dollars.

What Is Premises Liability?

Premises liability law holds property owners responsible for accidents and injuries that happen on their property. This includes any accidents and injuries that occurred in and around their business, or in their home.

Premises liability law requires that property owners ensure the safety of any person who enters their property, and that they take all reasonable measures to accomplish this. As a legal concept, it generally occurs in tandem with personal injury cases in which a person’s injury was caused by unsafe or defective conditions on someone else’s property.

Premises liability is a form of negligence claim, and is proven in the same way.

What Are Some Typical Personal Injury Claims Regarding Zoo Liability?

Running a zoo can be a complicated and difficult task, as there are many things that could possibly go wrong. Some of the most typical personal injury claims stem from injuries caused by:

• Escaped or unrestrained zoo animals: States differ in how they impose liability based on animal attacks occurring in zoos. Some states hold zoos absolutely liable for any and all injuries inflicted by their animals, while others require a showing that the zoo was negligent in some way
• Alleged defects in the zoo property: Personal injury claims may arise from defects in a zoo property, such as pathways and sidewalks (including slip and fall accidents), defects in a roller coaster or other, or negligently maintained cages or fences that house animals
• Animal injuries to zoo employees: Typically, a zoo employee injured by an escaping or uncaged animal can only recover if they can prove negligence by the zoo. This is because the law holds that employees who work at zoos assume some risk that they may be hurt
• Food poisoning by the vendors selling food on the premises

What Are Some Defenses That a Zoo May Assert in Order to Escape Liability?

A zoo may claim they are not liable for injuries that occurred on their premises under any of the following legal theories:

• Government immunity: Since most zoos are maintained by governmental agencies, states will occasionally grant zoos government immunity from tort liability (meaning that they will not be liable for injuries on zoo property, even if the zoo was at fault). Complaints have been lodged that this is unfair to zoo visitors. Most states are becoming less willing to grant this form of immunity
• Contributory Negligence: Contributory negligence means that the plaintiff did something that contributed to the cause and/or severity of the accident or injury. For example, if a visitor to a zoo does something to place themself in an abnormally dangerous position (such as putting their hand inside an animal’s cage), then they may not be able to recover from the zoo, or to recover only partially
• Assumption of risk: In some instances in some jurisdictions, those who choose to visit a zoo assume the risk that something dangerous may happen to them during their visit to the zoo, and they may not be able to recover for their injury

Should I Contact an Attorney If I Am Injured at a Zoo?

If you sustain any injuries while visiting a zoo, then you should immediately contact a personal injury lawyer. Your lawyer will be able to advise you of the possible claims that you may have against the zoo and the various legal theories that support them. Your attorney can also describe for you any defenses that the zoo may assert.

Attorneys are skilled at negotiations. Typically that is how a case will begin – with discussions between both parties to see if the claims can be resolved without needing to go to trial. The zoo will most definitely have one or more lawyers on their side – you should, too.
If the negotiations do not work out and the matter has to go to court, your lawyer is the best person to represent your interests and fight to recover everything you are entitled to.