While appearing on stage with a horse, a television actor was injured when the horse stepped on his hand. The actor sued, claiming damages as a result of negligence and breach of warranty. The complaint was dismissed because there was no evidence of any vicious or unruly propensities known by the owner of the animal and thus no evidence of negligence. Neither was there any evidence of breach of warranty. The horse acted like a horse. This case illustrates that damages alone are not enough for a lawsuit. Negligence or some other legal basis must be shown.
1. Review the elements for a cause of action for negligence. Which element or elements were missing here?
2. What would the plaintiff have had to prove in order to win?