How Premises Liability Applies to Zoo Animal Attacks

Visiting a zoo in Illinois is usually a fun and educational experience for families. Kids love seeing the animals up close while their parents take a breather under the shade of a tree. 

Unfortunately, zoo visits are not always this tranquil. For various reasons, zoos are sometimes the site of horrifying animal attacks. These attacks often lead to severe injuries or even death. 

Zoo animal attacks inevitably raise legal questions about premises liability. These questions usually arise when a victim of an animal attack wants to sue for compensation. 

But who exactly is responsible for an animal attack in a zoo to begin with? 

What Is Premises Liability?

Before we get into liability, it is important to know what premises liability means. In legal terms, premises liability holds property owners responsible for accidents and injuries on their property. However, they can only be held responsible if injuries are sustained due to unsafe conditions. 

Illinois law requires property owners, including those who own zoos, to take all reasonable steps to ensure visitors’ safety. If they don’t, they may be held liable for injuries on said property.

Are Zoo Animals Killed After an Attack?

It is important to note that animals cannot be held liable for attacks on visitors in zoos. There is a strange misconception that a zoo animal must be killed after they attack a human. 

In the vast majority of cases, an animal will only be shot and killed if they do not stop attacking a visitor. For instance, a gorilla may grab a child who falls or climbs into its enclosure and refuse to let go. Animals may also be euthanized if experts believe they may attack again.

This happened in real life when a three-year-old boy fell boy fell into a gorilla enclosure at the Cincinnati Zoo in 2016. A zoo worker shot the gorilla in the head because he feared for the boy’s life. This instantly sparked debate because the gorilla was not actively attacking the child when he was shot. 

Still, in most cases, if an animal attacks a visitor and walks away afterward, they are not always killed. 

When Are Zoos Liable for Animal Attacks

In Illinois, zoo owners can be held responsible for animal attacks under certain conditions. If a zoo animal attacks you, you may need to prove several elements of negligence to win a compensation case. 

These elements include: 

Proving that the zoo owed you a duty of careDemonstrating that the zoo failed to uphold this duty by not providing the necessary safety measuresShowing how this negligence directly led to your injuriesCalculating the damages brought about by your injuries, including medical bills and loss of incomeCommon Causes of Zoo Animal Attacks

Zoo animal attacks happen for various reasons, most of them unfortunately stemming from negligence. Some of the most common causes of these attacks include: 

Weak or inadequate barriers and enclosuresImproperly supervised animal interactionsA lack of warning signsNegligence in animal handlingFeeding incidentsLegal Protection for Zoo Visitors in Illinois

Illinois law protects those who visit zoos by giving them legal rights under premises liability regulations. You may be entitled to compensation if injured because a zoo failed to maintain a safe environment. 

At the same time, your case will hinge on the following factors:

Your legal status. The law categorizes visitors into invitees, licensees, and trespassers. 

Invitees (paying guests or visitors) receive the highest duty of care under the law. As such, zoos must actively protect them from harm. 

Licensees have permission to be at the zoo but are not necessarily paying visitors. This status affords them a lesser duty of care. 

Trespassers receive the least legal protection unless they are children. If a child enters a zoo unlawfully, the Attractive Nuisance Doctrine may apply.

Comparative negligence rules: Illinois follows a modified comparative negligence rule. This means that if you are more than 50% to blame for a zoo animal attack, you will likely be unable to recover damages.
Liability waivers. There may be a liability waiver on zoo ticket purchases. Zoos include these waivers to limit their responsibility in case of an animal attack. However, these waivers do not always hold up in court, especially if the zoo owner or staff is found grossly negligent. Premises Liability Rules Can Help You Win Your Case

Generally speaking, zoo visits are safe, but animal attacks do happen. Most of the time, they happen because of premises safety failures. Premises law ensures you can take legal steps if you are the victim of a zoo animal attack. 

By understanding how premises law affects your case and hiring a suitably skilled lawyer, you have a good chance of winning. Plus, your win can help make zoos safer as zoo owners seek to avoid similar lawsuits.

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