Duck Attack: Cynthia Ruddell Files $275K Negligence Lawsuit, Claims Owner Lolita Rose Should've Known Bird Is 'Abnormally Dangerous'
A Washington woman is suing her mother’s neighbor for $275,000, accusing her of negligence when she sustained injuries from a fall when the neighbor’s pet duck attacked her.
Cynthia Ruddell said she was exiting her mother’s motor home in Estracada, Ore., in May 2012, when Lolita Rose’s pet ducked attacked her, causing her to fall while trying to escape the duck and fracturing her wrist, according to a lawsuit filed in Clackamas County Circuit Court obtained Wednesday by Portland television station KATU. Rudell, of Washougal, Wash., accused Rose of a number of negligent acts, including “failure to maintain proper control of her domestic animal,” “failing to warn or otherwise inform neighbors of her duck’s dangerous propensity in attacking individuals,” failing to contain her duck on her own property,” and “needlessly endangering the public by her above failures.”
Rudell said she also sustained sprains to her right shoulder and right elbow in the duck attack. She is seeking $275,000 in damages, including $250,000 for her physical injuries.
“These injuries, some of which may be permanent in nature, have caused her, and continue to cause her pain, suffering, inconvenience, humiliation and interfere with [her] normal and usual activities and have caused her permanent scarring all to her noneconomic damage in an amount to be determined by a jury, but are currently estimated not to exceed $250,000,” the lawsuit states.
Ruddell said she has about $25,000 in medical bills so far because of her injuries. The lawsuit claims Rose should’ve known that the duck could be violent, and that the Oregon woman should be on the hook for negligence and the medical bills.
“As the possessor of a domestic animal that the defendant knew, or had reason to know, had abnormally dangerous propensities in attacking people in an aggressive manner similar to how it attacked and injured Mrs. Ruddell, defendant is strictly liable for all injuries her duck caused Mrs. Ruddell,” the suit goes on to say.
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