Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his residential lot. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate of Primo’s residence. N, a neighbor who was passing by, started throwing stones at the iguana, drawing the iguana to move toward him. N panicked and ran but tripped on something and suffered a broken leg.
Is anyone liable for N’s injuries? Explain. (4%)
Suggested answer only. Not an official answer and not legal advice.
No one is liable for N's injuries. Under Article 2183 of the Civil Code, the possessor of an animal is responsible for the damage it may cause, even if it escapes or gets lost,
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Quick check
Under Article 2183 of the Civil Code, what is the general rule regarding the liability of the possessor of an animal for damages it causes?
Article 2183 holds animal possessors responsible for damages caused by the animal even if it escapes or gets lost.
Under Article 2183 of the Civil Code, which of the following extinguishes the liability of an animal possessor for damages caused by the animal?
Statutory liability under Article 2183 ceases if the damage springs from force majeure or the fault of the victim.
How does a severe typhoon that destroys a secure enclosure affect an animal possessor's liability for the animal's escape?
A severe typhoon is an extraordinary event of force majeure that negates liability for an animal's escape.
What is the legal effect when a passerby provokes an escaped animal by throwing stones at it and gets injured while fleeing?
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Under Philippine Civil Law, what constitutes the proximate cause of a broken leg suffered by a person who trips while running away after stoning a pet iguana?
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Learn more about these topics
1. Possessor Animal Liability
Under Article 2183 of the Civil Code, the possessor of an animal or whoever may make use of the same is responsible for the damage it may cause, even if it escapes or gets lost. This rule establishes strict liability upon animal possessors based on the risk created by keeping animals. However, this statutory presumption of liability is not absolute and ceases when the damage caused by the animal is proven to have arisen from force majeure or from the fault of the victim who suffered the injury.
2. Force Majeure Defense
Under Article 1174 and Article 2183 of the Civil Code, force majeure or a fortuitous event serves as a valid defense to extinguish liability. A typhoon that knocks down a properly constructed fence enclosing an animal constitutes an extraordinary, unforeseeable, and unavoidable natural event. When an animal escapes purely due to an act of God without any concurrent negligence on the part of the owner or possessor, the statutory liability under Article 2183 is negated.
3. Victim Fault Defense
Under Article 2183 of the Civil Code, the liability of an animal possessor ceases when the damage results from the fault of the person who suffered the injury. When a passerby intentionally provokes an escaped animal by throwing stones at it and subsequently trips while fleeing in self-induced panic, the victim's own negligent act constitutes the direct and proximate cause of his injury. Consequently, the possessor is completely relieved of any civil liability.