Practice question
A dog escapes from its possessor and causes proved injury. No force majeure or fault of the injured person is established. The possessor says escape alone removes responsibility under Article 2183. Which is correct?
- Escape always eliminates liability.
- The article expressly preserves responsibility even if the animal escapes or is lost.
- Only wild animals fall within the article.
- Only a prior bite establishes any possible responsibility.
- The possessor automatically becomes the injured person’s employer.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2183 and 2185.
- https://lawphil.net/judjuris/juri1989/nov1989/gr_74431_1989.html — Vestil v Intermediate Appellate Court, GR 74431, November 6 1989, main opinion: animal possession, no negligence basis, and causation.
- https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html — RA 7394, article97: defective-product liability independently of fault and specified defenses.
Answer this question in flashcards to review your response and continue practicing.