Wild Goose Case: Victims of wild animal attacks can sue property owners, appeals court says

"Property owners in Michigan may be liable for attacks by wild animals on their land, after an appeals court allowed a worker to sue a hospital after being attacked by a vicious goose in the parking lot, according to Legal Newsline. The Michigan Court of Appeals has ruled that plaintiff Eric Leiendecker can sue Ascension Genesis Hospital for basic premises liability. The appeals court rejected the principle of ferae naturae, which generally prohibits lawsuits over the actions of wild animals, according to the story."

"Leiendecker, a contractor for Ascension Genesis Hospital, was leaving work when the goose attacked and knocked him to the ground. He he suffered a broken pelvis. A security officer who escorted him to the emergency department said the goose had been there several days and was a danger to people in the area. The story said an Ascension Genesis Hospital employee told the plaintiff that she'd been attacked by the goose a week earlier and had reported it to the hospital."

The Michigan Court of Appeals allowed plaintiff Eric Leiendecker to sue Ascension Genesis Hospital for premises liability after a goose attacked him in a hospital parking lot. Leiendecker, a contractor, was knocked to the ground and suffered a broken pelvis. Witnesses and hospital staff reported the goose had been present for several days and posed a danger; an employee said she had been attacked a week earlier and had reported the bird. A trial judge dismissed claims against both the security company and the hospital, finding neither controlled the goose. The appeals court upheld dismissal against the security company but permitted the claim against the hospital, finding the hospital may be liable for dangers on its premises.

Read at ABA Journal