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Jacques captured a large rattlesnake while on a camping trip and brought it home to his apartment in the city. He kept the snake in a glass aquarium which he had covered with a wire screen. One day, after feeding the snake, he accidentally failed to fasten down the screen cover, and the snake escaped from the aquarium. The snake managed to enter the adjoining apartment by way of an open balcony door. The occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.
Historically, the courts have imposed strict liability for loss on persons that keep dangerous things on their property. The rattlesnake would probably be classed in such a way by the court.
Contributory Negligence
A legal doctrine that reduces or eliminates the plaintiff's right to damages if it's proven they contributed to their own harm.
Plaintiff
The person who begins a lawsuit by filing a complaint in the appropriate trial court of general jurisdiction.
Damages
Compensation claimed by or ordered to be paid to a party for loss or injury as a result of breach of contract, negligence, or other wrongful act.
Criminal Injuries
Criminal injuries refer to physical or psychological harm suffered as a direct result of a criminal act.
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