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What kind of lawsuits may come out of the weekend's tragic killing of a gorilla at the Cincinnati Zoo?

Stuart Varney asked Fox News senior judicial analyst Judge Andrew Napolitano about the legal fallout. 

Harambe, a 17-year-old male western lowland gorilla, was fatally shot by zoo officials after a four-year-old child fell into his enclosure.

The video went viral soon after, with many viewers expressing outrage at the boy's parents, presuming that they were not watching him closely enough before the tragic incident.

The zoo has stood by its decision to kill the 400-pound gorilla and wildlife expert Jack Hanna agreed that the zoo made the right call. 

Napolitano was first asked whether the zoo could be sued by an animal rights group on behalf of the gorilla.

He said no such lawsuit has ever been filed in the U.S. and unless Ohio law is changed, an animal would not have legal standing for that type of action. 

He explained that, legally speaking, Harambe was the property of the zoo. 

Potential litigation would probably be focused on the "shabby" construction of the enclosure, since the four-year-old was able to crawl through a railing barrier before falling 10 to 12 feet.

Napolitano said a lawsuit against the zoo could arise with the parents arguing that the design of the gorilla enclosure was poorly done.

But overall, he doubted that any lawsuit would make much sense, since the boy was not injured.

"Would the parents sue the zoo because the zoo failed to protect their child from their own negligence? A tough case, but it could happen."

Watch his full analysis above.


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