§ 25-21,236.Release of animal; liability to owner.

Section 25-21,236 stands apart from the eviction statutes around it, addressing an unrelated problem entirely — someone deliberately turning loose an animal that was lawfully confined. Liability attaches only to a release that is intentional, willful, and without permission, not to an accidental escape or one authorized by the person in charge of the animal.

The damages an owner can recover are specific. They include the cost of restoring the animal to confinement and to its health condition before the release, plus the cost of any damage the released animal caused to real property. If the release causes an experiment to fail, the person responsible also owes the full cost of repeating it, including replacing the animals used and covering labor and materials.

The statute defines “animal” broadly for these purposes — any warmblooded or coldblooded animal used in food, fur, or fiber production, agriculture, research, testing, or education, expressly including dogs, cats, poultry, fish, and invertebrates. It carves out lawful activities carried on by a government agency or its employees and agents in the course of their official duties.