Zeke, a retired zoo keeper brought one of the animals from the zoo, an aged tiger, to live with him, keeping it in a fenced yard alongside his house. The tiger had been trained by Zeke and had always been tame and gentle, even when young. By the time Zeke had retired, the tiger was old, almost blind, somewhat slow-moving and the size of a dog. One day, a young girl from the neighborhood came to the home to sell cookies. Since she knew the tiger, the girl opened the gate and called the animal so she could pet him. The tiger ran over to the place from which the sound had come, but because the tiger was almost blind, he bumped into the girl. The girl fell to the ground, breaking her ankle. If the girl asserts a claim against Zeke based on strict liability in tort, the court should find for:

Respuesta :

Answer:• STRICT LIABILITY-ELEMENTS OF PRIMA FACIE CASE-

•1. The nature of defendant's activity/animal/product imposes an absolute duty to make safe;

•2. The dangerous aspect/defect of the activity/animal/product is the actual and proximate cause of plaintiff's injury;

•3. The plaintiff suffered damage to person or property.

•4. No assumption of the risk defense

Explanation:

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