Now this is an interesting tort. A diner at Cheeseburger in Paradise in California, Maryland (yes, that is the city’s name) was bitten by a skunk on the foot as she sat eating her meal. Worse yet, the skunk was rabid.
The skunk seemed motivated by the Jimmy Buffett song and was looking for something “Not too particular not too precise (paradise).”
The attack raises an interesting question of negligence. In a rural area, animals are obviously common sights even in towns. Is it negligent for one such animal to make it into the restaurant if the bite occurred soon after entry. One argument is that the restaurant cannot guarantee that no animal will enter and is only expected to react reasonably to such an intrusion. The fact that the animal is rabid may help the restaurant because the animal was acting in an uncommon fashion and may have entered where most animals would have run away. There remains the question, of course, of the response to the sighting of the skunk.
It is not clear if the experience will lead the skunk to “[try] to amend my carnivorous habits.”
Source: Washington Post