United States

Detailed Discussion Landowner and Landlord Liability for Dangerous Animals

Summary:

This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.

Detailed Discussion of Illinois Great Apes Laws

Summary:

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Illinois. As of January 1, 2011, the possession of Great Apes is banned in Illinois. However, circuses, zoos, and other exhibitors, research facilities, and animal refuges are exempt from the ban. Those exempt facilities are not required to obtain state permits to possess or display apes.

Detailed Discussion of Florida Great Ape Laws

Summary:

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Florida. In general, a state permit is required to import or possess apes. The state does not issue permits to keep apes as pets; however, individuals who possessed apes prior to the 1980 ban may be permitted to keep those apes for the remainder of the animals’ lives. The state does issue permits to import and possess apes for commercial or scientific uses to applicants who are qualified by age and experience and who have appropriate facilities. Permittees must comply with stringent legal requirements for the housing, care, maintenance, and use of apes. Also included within the article are local ordinances which have been enacted by counties and municipalities to restrict or regulate Great Apes within political subdivisions of the state.

Detailed Discussion of Alabama Great Ape Laws

Summary:

This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. Generally, there are very few state-level restrictions on activities involving those animals; however, Alabama does regulate the possession and treatment of apes by certain exhibitors. Also included are many local ordinances that have been enacted by counties and municipalities to restrict or regulate Great Apes within political subdivisions of the state.

Detailed Discussion of the Laws Affecting Zoos

Summary:

This paper examines the laws pertaining to zoo animals on the international, federal, and state level, along with voluntary standards, not mandated by law. On the international level there are only regulations which apply to the trade of the species between international countries, limiting how many can be imported and exported and how they are transported. On the federal level, those laws most important to zoo animals are the Animal Welfare Act and the Endangered Species Act. The AWA sets minimum standards for the care, handling, housing, and transport of animals exhibited in zoos. The ESA applies to those animals listed as threatened or endangered, but even then exhibition alone will never constitute a violation. State laws consist of anti-cruelty statutes that come into force only after a violation has occurred. Voluntary associations such as the American Zoo Association set higher standards of care for their members, in some instances, than the minimum standards set forth in the Animal Welfare Act. Using the elephant as a case study, this paper exposes the inadequacies of our existing laws, which have resulted in unfortunate incidents nationwide. It also exposes the underground trade of surplus zoo animals, which continues because of the lacking enforcement of current laws.