Snake Snafu: Sheddin’ The Truth About Assumption of Risk and Exotic Animals

In this frightening video, a professional uses a snare pole to capture a snake. Most people wonder, “Will anything happen to the snake?” “Will someone get hurt?” Well, attorney Ugo Lord is also focused on personal injury and the assumption of risk.

The video is a nightmare scene. A snake slithers inside a ceiling, its tail descending from the rafters. A professional uses a snare pole to grab it when the ceiling opens up, exposing the anaconda’s extensive length.

If someone were to get hurt, who would be at fault? Assumption of risk would be a focus in any court case.

What is Assumption of Risk?

The assumption of risk means an individual cannot recover damages for any activity in which they voluntarily exposed themselves to danger. For example, if you become injured because you choose to walk across the rail of a freeway crosswalk, you would be unable to recoup damages. The same goes for disobeying a no-trespassing sign or entering an area that said, “Enter at your own risk.”

The law also applies to wild animals. If you own a wild animal, such as a snake, tiger, monkey, or alligator, you are responsible for its actions. If that animal attacks another person, you will be liable for their injuries.

How Does Assumption of Risk Apply to This Video?

The circumstances of this video are unclear. The viewer cannot tell whether the people in the home own the snake or whether it snuck in.

If the homeowners own the snake, they would be liable for all injuries and damages. If they do not own the snake, they may be able to hold another party responsible for damages.

For example, if a neighbor owned the snake and it snuck into their home, the neighbor may be responsible for damages. If the animal is from a zoo, the homeowners may be able to sue a third party. However, if this is a wild snake from nature, there may be no recovery available to the building owner.

Does the Law Apply to Dog Bites?

Similar laws apply to dog bites. The owner may be responsible for damages if a dog attacks a person. However, laws vary from state to state.

Some states have strict liability for dog bites. If a dog bites someone, the owner is liable unless the dog is provoked.

Other states go by the one bite rule. This rule states that dog owners will only be responsible for attacks if the dog has a history of biting at least one other person. The history proves the owner had reason to believe their dog was dangerous but still allowed it to interact with other people.

One-bite states may still allow people to recover damages for dog bites, even if the dog has never bit. If the owner’s negligence caused the dog to bite, they may be liable for damages. For example, if the dog was not leashed, the owner may be accused of negligence leading to the dog bite.

Assumption of risk can be tricky. Pay attention to your state’s laws to protect your rights.