Court dismisses claim against facility keeping bird that startled woman, causing her to fall
Michelle Hudson sued Canterbury Health Care, Inc., after she fell and suffered injury on Canterbury's property, apparently. Although the Court's opinion provides little background about the actual injury circumstances, the appellate judges ruled that the Defendant was not responsible for the actions of a bird kept on the property. It concluded that even if the bird flapped its wings and "flew at" the woman, no harm was foreseesable and her startled reaction was not normal.
The Court ruled that the keeper of the birds owed no duty to Hudson because it was not foreseeable that the kept birds would cause injury. The judges held that even if there had been prior incidents, since Hudson could not "identify the specific bird involved" she could not prove that the landowner had notice of a dangerous propensity. Since she could not "identify the person accompanying the bird," she could not hold the landowner responsible for negligent training or management of the bird.