What We Do in the Shadows is wicked fun if you have an offbeat sense of humor and enjoy comedy-horror shows. In “Werewolf Feud,” S1, E3, the vampire Lasslo Cravensworth placed werewolf traps in the front yard of the vampire house after he has discovered a werewolf has been urinating on the front lawn. Would these traps be legal?
This raises a sticky issue: is a werewolf an animal or human being?
Rules if Werewolves are Human
When it comes to human beings, nonlethal physical force can be used to prevent larceny or criminal mischief with respect to property other than premises. N.Y. Penal Law § 35.25. A trespass is committed when someone knowingly enters or remains unlawfully in or upon premises. N.Y. Penal Law § 140.05 A person commits criminal trespass in the third degree when they knowingly enter fenced real property. N.Y. Penal Law § 140.10.
The law does not favor traps set out for children. In cases where a property owner has set out traps to deter children for trespassing, a child trespasser could only recover damages if “a dangerous condition was maintained upon the premises with the intention of inflicting injury on anyone trespassing thereon or with what is the equivalent of intention, reckless and wanton disregard of the consequences.” Brzostowski v. Coca-Cola Bottling Co., 226 N.Y.S.2d 464, 469-70 (App. Div. 1962)
Rules if Werewolves are Animals
New York law on cruelty to animals applies to anyone who intentionally causes serious physical injury to a companion animal with justifiable purpose. N.Y. Agric. & Mkts. Law § 353-a(1). However, the law does not prohibit dispatching rabid animals or ones that are a threat to human safety or other animals. N.Y. Agric. & Mkts. Law § 353-a(2).
There Wolf Lies the Problem
Those suffering the curse of the werewolf are both human and animal potentially at the same time. If those who turn into wolves have no control or intellect, they would appear to be more of an animal. However, if they retain intellect while in their wolf form, they could be more human than animal. Given the fact combat with a werewolf was settled with a squeaky toy, someone who is a werewolf has diminished capacity at best.
If a werewolf is a “companion animal,” then Lasslo could face cruelty to animal charges for his trap in the front yard. However, given the threat that werewolves pose, they would not be classified as a companion animal. However, Lasslo is not someone who has a permit or is acting under color of law to remove werewolves with traps.
A werewolf is certainly not a child, but Lasslo’s traps clearly were intended on inflicting injury on anyone trespassing on the front lawn. Given the harm caused by the traps, a werewolf suing for injuries likely would prevail, if a judge would give both a werewolf and vampire a day in court.