Dangerous-Propensity Test Law and Legal Definition
Dangerous-propensity test is a test used to determine the propensity of a person or animal. The test is commonly used in dog-bite cases. The test helps in determining if the owner would be held liable for the injury caused by the owner’s animal. A dangerous propensity is a tendency of the animal to do any act that might endanger the safety of persons or property in a given situation. [Poznanski v. Horvath, 788 N.E.2d 1255, 1258 (Ind. 2003)]. It is also termed dangerous-tendency test.
The following is an example of a case law referring to the term:
If a plaintiff establishes that an animal is in fact vicious, the plaintiff must then demonstrate that the owner knew or should have known of the animal's dangerous propensities. The test of liability of the owner does not contemplate the intentions of the animal but whether the owner should know from past conduct that the animal is likely, if not restrained, to do an act in which the owner could foresee injury to person or property. [Harris v. Barefoot, 704 S.E.2d 282 ]
Legal Definition list
Related Legal Terms
- Ab Intestato
- ABC Test
- Abstraction-Filtration-Comparison Test
- Abstractions Test
- Acceptance Testing
- Acceptor Supra Protest
- Acid Test Ratio
- Actual-Risk Test
- Actus Inceptus Cujus Perfectio Pendet Ex Voluntate Partium Revocari Potest, Si Autem Pendet Ex Voluntate Tertiae Personae, Vel Ex Contingenti, Revocar
- Ad Testificandum
