82
C
ASE: 11
BACKGROUND
· Defendants, 16-year-old Jon Poulin and his mother, Barbara Poulin, owned a horse named Twig.
The Poulins kept Twig in a fenced-in area of their property in Foster, Rhode Island.
· Twig escaped from the property and roamed "at large." With the help of a policeman, who had
experience with horses, Twig was found, but she refused to be led into a horse trailer.
· Since Twig refused to get into a horse trailer, the policeman walked Twig to Plainti Phillip
Johnston's farm house to board her for the night. While Mr. Johnston attempted to secure Twig in
a stall, the horse kicked him in the head resulting in severe personal injuries.
· Mr. Johnston alleged that the Poulins were liable for his injuries under a theory of strict liability
because, as the horse was a roaming animal, an owner is liable for all damages resulting while
the animal is "at large."
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Johnston v. Poulin
Strict Liability for Roaming Animals
What is a roaming or "at large"
animal?
A roaming animal is one that breaks free from
its enclosure and is roaming and wandering
under its own free will. To determine whether
an animal is "at large," the court must
determine at what point there is control and
restraint exercised over the animal while it is
o its owner's premises.
What is strict liability for roaming
animals?
Under the applicable Rhode Island law, an
owner of certain de ned animals is strictly
liable for the damage caused by the owner's
animal if it breaks free from its enclosure--
regardless of the owner's care to ensure that
the animal does not break free.
What types of animals are defined
in the Rhode Island law as roaming
animals?
The types of animals that are roaming animals
are a horse, a bull, a boar, a ram, or a goat.
For Evaluation Purposes Only