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Rhodes v. MacHugh, 361 P.3d 260 (2015)
Lions and tigers and bears and... rams? Wild animals, livestock, and domestic animals have distinctions regarding their inherent dangerousness, particularly when breeding. Although strict liability automatically applies to wild animals, in Rhodes versus MacHugh, we’ll explore whether there are scenarios in which strict liability applies to entire classes of domestic animals.
Jay Rhodes and Rodney MacHugh were friends and neighbors. Both owned farms with several farm animals, and MacHugh bred sheep for over thirty years. Because MacHugh’s land flooded often, Rhodes allowed MacHugh to keep some of MacHugh’s sheep on his property.
In twenty twelve, Rhodes accompanied MacHugh to purchase a young ram. The ram didn’t seem vicious and appeared friendly. The pair brought the ram directly to Rhodes’s property, where the ram did well for months.
However, one day the ram suddenly butted the 82 year old Rhodes from behind, knocking him to the ground. The attack continued for thirty minutes, until a neighbor came and distracted the ram by throwing cantaloupes at it. Rhodes managed to escape but suffered a concussion and several broken bones, requiring a 16 day hospital stay.
Rhodes sued MacHugh in a Washington state court to try to recover for his injuries. Rhodes didn’t contend that the ram was abnormally dangerous or allege that MacHugh was negligent. Instead, Rhodes only asked the court to extend strict liability to include all rams, not just those that were abnormally dangerous. The trial court granted MacHugh’s motion for summary judgment and dismissed Rhodes’s claim. Rhodes appealed to the Washington Court of Appeals.
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