Tuesday, November 12, 2024

In a commentary for Vox.com, Professor Angela Fernandez and co-author, Professor Justin Marceau, Brooks Institute Faculty Research Scholar of Animal Law and Policy at Sturm College of Law, discuss the legal considerations when a captive animal becomes free. They write: 

For many people, the idea of a lost animal becoming the property of another person might seem absurd. Certainly, no one would imagine forfeiting the companionship of a beloved dog or cat because the animal got out of the yard and was found by someone else. Neither law nor morality treats the escape of a domesticated animal as tantamount to a forfeiture of all claims to the animal.

But when it comes to wild animals, the law is different.

When a captive wild animal escapes, their captor generally remains liable for any damage the escaped animal creates to persons or property, but they may lose ownership of the animal, especially if the creature integrates into an existing wild population (sometimes called “reverting to the common stock”). That might sound unlikely for rhesus macaques in the US — the species is native to South and Southeast Asia and has been exported around the world for lab testing. But it turns out that it’s perfectly possible to live as a free-roaming rhesus macaque in South Carolina, where a more than four-decade-old population of the monkeys resides on the state’s Morgan Island, also known as “Monkey Island.”

Read the full article at Vox.com