Thursday, December 18, 2014
Wild Goose Chase
Last week the Mississippi Supreme Court decided Oiler v. Bailey located here . The only way I can describe the case is a wild goose chase literally. The case dealt with a Plaintiff's injuries at a friend's home by a pack of pet geese. The trial court had originally granted summary judgment since it had not been shown that the geese had a dangerous propensity. The Mississippi Supreme Court reversed finding that the geese acting as a pack created the dangerous situation such that it was not necessary to show that the particular goose which attacked the Plaintiff had a dangerous propensity as opposed to the pack of geese. While the facts are funny, truth be known this is an important refinement of the dangerous propensity rule with regard to animal liability.