Wild Goose Case: Victims of wild animal attacks can sue property owners, appeals court says
A man attacked by a wild goose can move forward with a lawsuit against the Michigan hospital where it happened. (Photo from Shutterstock)
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 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.
Leiendecker sued the security company and Ascension Genesis Hospital for negligence and premises liability. A trial judge dismissed the case, saying neither had control over the goose.
The appeals court upheld the dismissal of the case against the security company but allowed Leiendecker to proceed against Ascension Genesis Hospital, saying the hospital might be liable for a danger on its premises.
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