Liability in The Herold-Travis-Nash case

Travis the Chimp Shot by Police: Chimp Attack and Death Renew Calls for National Ban on Chimps as Pets

After a 2003 incident in which Travis leapt from his owner's SUV and held up traffic, Herold told police that Travis was toilet trained, dressed himself, took his own baths, ate at the table and drank wine from stemmed glassware. Police say he also brushed his own teeth, would log onto the internet to look at pictures, and watched TV with a remote control.

The ownership of chimpanzees as pets is governed primarily through differing state and local laws. MSNBC reports that Connecticut now has strict licensing laws governing the ownership of chimpanzees, but they came into effect after the Herold acquired Travis.

Thomas' tragic demise has caused renewed calls for passage of the Captive Primate Safety Act, which would prohibit interstate commerce in primates as pets. According to the Humane Society's press release, last year the legislation passed the House, but the Senate failed to vote on it.

Whether he should have ever been an actor or a pet, Travis' case also highlights the liability that can flow from the actions of one's pet. States have different laws about liability for injuries inflicted by a pet. Some have strict liability, meaning the owner is liable for injuries committed by the pet with very few exceptions (like a trespassing victim or victim who tormented the animal). Though its statute is specific to dogs, Connecticut is an example of a strict liability state.

In other states, to be liable the owner must have had some reason to know about the pet's dangerous propensities. Animal experts say that all chimps pose serious dangers due to the fact that they are wild animals and grow incredibly strong. "They just get too big. They get too strong," animal trainer Keith Bauer told NBC News. "If you've got them at home, it doesn't matter how long you've had them, how much time you've put in with them, they're gonna blow."

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