Question
Elena is playing in her unfenced front yard in Manteca, CA, with her pet - a 12 foot long python (a snake).She has had the
Elena is playing in her unfenced front yard in Manteca, CA, with her pet - a 12 foot long python (a snake).She has had the snake, named Gollum, for several years.Although Gollum has grown a lot since she bought it, the snake has always been very calm and friendly toward her.On most days, she will let it roll in the grass while she watches it.After a few minutes, the snake always comes back to her then goes into her house and into its pen without incident.On this particular day, while Elena is watching the snake sun itself, Tyrone comes jogging by with his dog, Bilbo.The dog is a prized, pure bred beagle who loves to run with Tyrone.It has won numerous "Best in Show" competitions and is so well trained that it goes without a leash.In fact, Bilbo is scheduled to compete in a dog show the very next week wherehe will win a lifetime of dog food if he gets best in show again.Tyrone has pre-paid for the event, along with his flight and hotel.All the fees and bookings are non-refundable.Tyrone does not worry about the expenses because to him, Bilbo, is like the son he never had.
As Tyrone and Bilbo approach Elena's house, Gollum suddenly tenses up.The movement startles the beagle.It flinches toward Tyrone and gets under his feet.Tyrone falls and breaks his wrist.Bilbo manages to jump out of the way, but then rushes Gollum.Elena starts screaming for Tyrone to call off his dog.She rushes forward, but before Tyrone can take step anything, Bilbo bites Gollum then turns and bites Elena on the leg.The snake, in response, catches Bilbo in its coils and crushes the dog.
Still lying on the ground, Tyrone begs Elena to call 911 for help, but she refuses his request and will not render aid to him.Undeterred, Tyrone crawls to help his dog only to have the python turn away toward Elena.As it moves, its tail strikes Tyrone, leaving a red mark on his arm.Elena, still limping from the bite, tells Tyrone to stop harassing her poor snake and adds, "you know, you got what you deserve for this!"She then gets Gollum to release the dead dog and go into its pen.Tyrone, who is traumatized by the whole event, picks up his dead dog and waits on the curb for a passerby to call for help.Elena's half-sister, Ginger, has watched the entire incident through the front room window and is horrified by what she has seen.
Elena and Tyrone sue each other over the incident.Ginger sues Tyrone as well.Assume that Manteca has a standard leash law.Assume also that pythons can be kept as pets in Manteca.Who will win?What are the bases for the respective claims?What causes of action may be pursued?What are the potential damages?What defenses may be raised by both parties?Analyze and discuss each issue fully and come to a conclusion.
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