Judge the Deed (and, more importantly, what lead up to it), Not the Breed

TASA ID: 2287

Calls often come in asking me to opine on the inherent dangerous nature of certain breeds (i.e., American Pit Bull Terrier or Rottweiler). Attorneys are often both surprised and annoyed when I tell them, "No." Instead, I advise looking into the stewardship of the dog, whereupon neglect is usually found. Lack of responsibility towards a dog's emotional, mental, and physical well-being, possibly combined with a dog's inherent breed tendencies, are always the true culprit in dog bite cases.

As an example, all dogs have a natural, genetic predisposition to protect its territory. If you ask a reasonable person about this trait, they'll say, "Yes, of course." So when does it become a problem? When someone gets hurt.  Do some dogs have stronger protection traits than others? Yes. But is breed a deciding factor of danger? No.

When does breed type come into play? Well, I can tell you if it's an American Pit Bull Terrier (often called by the misnomer "pit bull"), the dog should display no aggressive behavior towards people. You read that right-zero, none, nada. Their history as fighting dogs did not allow for any aggressive behavior, as any stranger had to be able to handle the dog at any time. Your opponent washed your dog prior to a fight, a referee examined the dog, and had to be able to reach in during a battle without a dog turning to bite, it had to tolerate handling and stitching up afterwards without so much as a wary look. They are known for their love of children. Are they aggressive towards other animals? Yes, they sure can be. But people? No, absolutely not. I consider aggression towards people to be an aberrant behavior in the breed.

When I'm approached with a dog bite case, I want to know:

• Was this an indoor or outdoor dog? Dogs involved in bites are usually outdoor dogs, confined to small areas, often dirty, lacking of appropriate shelter, devoid of any type of toys or entertainment, and usually have an overdeveloped sense of territory. These dogs are often suffering from a long list of veterinary medical issues as well.
• Tied or chained? Tethering increases aggression, and is illegal in many cities, counties and in the entire state of CA. Chaining increases isolation, frustration, and the likelihood of being forgotten, leading to issues such as starvation and lack of human interaction.
• Male/female and spayed/neutered? Intact males are responsible for 89% of all dog bites. Males will protect pregnant females or females in heat. Females in heat or with puppies can be more aggressive. Breeding dogs do not tend to be nice, family dogs.
• How much positive social interaction did the dog have with humans? I want to know if the dog has been taught that people and children are good. Bored dogs tend to be menaces in their yard, barking, lunging and pacing. The frustration and boredom easily channel into aggression for many dogs, no matter what the breed or mix.
• What opportunities does the dog have to get off the property? Having positive experiences with people in many types of situations is how a dog learns that the world is a safe place, receives continued guidance, handling and exposure.
• What has been the medical care of the dog? Many dogs involved in bite incidences have been denied medical care, which is grounds for animal cruelty. They often have joint problems, pain issues, eye infections, skin infections, parasites, and anemia and suffer from dehydration and starvation. Sometimes, there is no shelter from the elements for the dog. All of these factors indicate animal cruelty, stemming from the owner's treatment of the dog as an inanimate object, and not a sentient being or family pet.

These are just a few examples of factors to take into consideration when weighing the merit of a dog bite case. Once this data has been collected, breed type may be pertinent if said treatment exacerbated aggressive behavior.

A dog's behavior is, ultimately, the responsibility of the owner. Examining how the dog was-or was not - cared for will give you much more concrete information about the dog than its breed. By judging the deeds of the owners, and not the breed of the dog, there is an opportunity to make people responsible for their actions.  The dog, after all, is only a by-product of its environment, and the quality of that behavior is incumbent upon the owners.

This article discusses issues of general interest and does not give any specific legal or business advice pertaining to any specific circumstances.  Before acting upon any of its information, you should obtain appropriate advice from a lawyer or other qualified professional.

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