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Decision: A live pet skunk is a product within the meaning of ORS 30.900 et seq.
A person who comes into contact with a rabid skunk but does not suffer physical harm cannot recover for emotional distress in an action based solely on strict product liability under ORS 30.920. Physical harm from being bitten and receiving injections provide a sufficient basis for allegations of emotional distress relating to fear of death under ORS 30.920.
Use of precedent/effect on later cases: This case was one of first impression in Oregon and asked the Court to determine whether or not animals would be covered as products under ORS 30.900 et seq. Different courts in different state had taken opposing approaches to the issue, with some deciding that animals were not products as meant in the product liability statutes because of their mutability and others determining that animals produced to be sold were in fact, products. The Court established that animals could be considered products, which was significant because it meant that strict liability could attach to the sale of those animals.
Effect on business/society: While a case concerning the sale of a rabid pet skunk seems like an almost amusing anomaly, the reality is that establishing strict liability for the sale of animals as products can actually have a very serious impact on the business of agriculture in the United States. While the Court rejected the idea that animals are mutable as a reason not to impose strict liability, the fact remains that animals are mutable. In a strict liability scenario, with a product...
For many people in the business of agriculture, this idea is very frightening. "Livestock producers have always been potentially liable for the livestock that they produce, and their records have always been subject to disclosure with a court order" (Pendergrass, 2007). However, a new identification system the National Animal Identification System (NAIS) would allow for much easier tracking of animals back to their sources. "While the concept and potential ramifications of producing livestock remain the same, there is now a concern about the possibility of establishing a causal connection between the damage caused by a defective animal and a producer who is no longer the owner or in control of that animal" (Pendergrass, 2007). That is exactly what occurred in the described case. Taylor's Pets was no longer in control of the skunk, but they were able to establish that the skunk was rabid when it left Taylor's Pets given what is known about the incubation period for rabies. However, one could see where uncertainties might give rise to liability in scenarios where the original producer did not have factual liability.
References
ORS 30.900 et seq.
Pendergrass, E. (2007). Approaching liability with animal identification. Retrieved November
18, 2011 from The National Agricultural Law Center website: http://www.nationalaglawcenter.org/assets/articles/pendergrass_liability.pdf
Sease v. Taylor's Pets Inc., 700 P2d 1054 (1985).
Rabies infections in humans are uncommon in the United States. Nevertheless, around the world approximately fifty thousand people die from rabies every year, mostly in emergent nations where agendas for vaccinating dogs against rabies don't exist. The good news is that troubles can be prohibited if the exposed individual gets treatment prior to symptoms of the contamination developing (About Rabies, 2011). Rabies is an avoidable viral disease of mammals most frequently
Jennings, Schneider, Lewis and Scatterday (1960) document the high prevalence of rabies virus present among gray foxes. They further document the fact that these rabid foxes were abundantly found near densely populated human settlements and reportedly attacked humans and other valuable livestock. Florida. Jennings, Schneider, Lewis and Scatterday (1960) however claim, that it is not possible to accurately determine the accurate percentage of deaths occurring due to rabid foxes
S. this has dramatically decreased incidences of the disease. Deborah Briggs, executive director for the Alliance for Rabies Control, reports that until now, no global coordinated effort has been exerted to help educate people in the world about rabies. Rabies "can be readily prevented through education, pet vaccination and increased human awareness about proper wound management and administration of rabies vaccination after an exposure has occurred" ("West Lafayette…," ¶ 7)
The book Rabies, edited by Alan C. Jackson and William H. Wunner is critically reviewed in a peer publication. Rabies is a "comprehensive" discussion about a major global disease, focusing on the history of the disease from ancient times, diagnostic evaluation of animal and human cases, immunological responses to the virus, and public health management recommendations. The reviewer recommends the book for its multidisciplinarity. 8. Scatterday, James E.; Schneider, Nathan J.;
These charts conclusively establish that the preponderance of rabies cases occur in urban areas and that the percentage between urban and rural areas is consistent. This graph demonstrates the occurrence of reported rabies cases for each animal type and overlays such occurrences against the location of each incident. The graph clearly establishes, again, the overwhelming involvement of raccoons in rabies cases, as in every given year of the study, the
Skunk Rabies: A Public Health ConcernIntroductionA recent outbreak of rabies among skunks in the town of Barkwood Dale poses a significant public health concern. Until now, rabies had only been detected in the local bat population, but the introduction of rabid skunks increases the potential for human and pet exposure. Over 30 skunks, several feral cats, a raccoon, and a fox have tested positive for the disease. This paper will