Dog Bite Cases
TASA ID: 1218
According to the Humane Society of the United States, there are about 78.2 million dogs owned in homes in the US. More than 39% of US households have a least one dog.
Most dogs are maintained in a safe manner and are considered a valued member of the family. However, there are about five million dog bites reported each year in the United States. These statistics include an average of fifteen deaths per year as well as serious injuries. Those reported dog bites are likely a very small percentage of dog bites that actually occurred.
Medical facilities are required by law to report dog bites to the state health departments, who will then track the rabies vaccine history of the dog to determine if the dog is up to date on its rabies vaccine. If the dog is not up to date, the health department will require a period of quarantine. Some states require a yearly rabies vaccine, and others require that vaccine be administered every three years.
Half of the reported bites are bites to children. Children nine years of age and under are the most common victims. Two thirds of injuries to children under four years old are injuries to the face and neck area.
Determining liability in a dog bite case can be quite complex and can involve one individual, several, and even organizations. Attorneys handling a dog bite case should get a copy of both the state law and the municipal law and familiarize themselves with it.
I was once brought in on a case of a dog bite that an attorney had been involved with for more than a year. The dog in question was owned by a former live-in boyfriend. The dog had bitten his girlfriend during an argument. That bite had caused both injury and loss of work time. I was called as an expert to review the case and noticed that no investigation of the dog's state license had been done. It turned out that the dog had been acquired while they were living together, and although everyone thought of the dog as the man's dog, the girlfriend had licensed the dog to herself. The dog was described by all parties in the depositions as owned by the boyfriend, but in that state, the licensed owner is the owner. She had been bitten by her own dog. Surprisingly, I have been involved in many cases where the state dog license made a significant difference in the outcome of a situation.
In some states a prior history of aggressive or biting behavior must be established before pursuing liability beyond medical claims. It is important to ask the right questions, and it is not always the best timing to bring in an expert after the depositions have been taken. Asking questions about such things as the dog's reaction to guests can uncover the fact that the dog had to be put in the garage before people could safely enter the home. The dog owner's knowledge of a dog's dangerous propensities can be established in many ways. The records of one or more veterinarians that the dog may have seen, as well as the records of all of the boarding kennels, daycares and dog trainers the dog had been to, may be sources of useful information. Keep in mind that aggressive dogs are commonly banned from some facilities, and more than one facility may be familiar with the dog in question.
Where did the dog come from? Many people acquired a puppy and raised that dog in their own home where it lives permanently. Some dogs are acquired as adults from private purchases through newspaper or magazine ads. Dogs are commonly acquired as adults from animal shelters. I was on a radio show a number of years ago where the host asked me why there were so many dogs in animal shelters around the country. I told him that if you look at the cards on the front of the runs at most shelters, you will find information about how the dog came to be in the shelter. The dog may have been picked up as a stray. However, a substantial number of these cards include wording such as "we are moving and can't take the dog" or "we have allergies." I told the radio host that if this were the truth, there wouldn't be enough moving vans available to get these people out of town, and allergy specialists would make up most of the medical profession. Most of the adult dogs offered for adoption have some kind of behavior issue. It is often something as minor and fixable as a dog that jumps on people, but it also may be a problem with aggression of some sort. Animal shelters are commonly performing something known as temperament tests. What these tests are, how they are conducted and who conducts them can be an issue in some dog bite situations.
There is relatively new practice going on in the United States involving what are commonly known as "rescues." Basically, a rescue is an effort to acquire unwanted dogs and get them a home. These rescue operations range from an individual working alone and independently, to registered, not for profit, organizations with many people involved. Dogs may be moved by a rescue operation into people's homes where the dog is "fostered" until a home can be found. While the dog is in the care of the rescue operation, it may be taken to what are known as adoption clinics. Adoption clinics are locations where the dog can be seen by the public. Adoption clinics are held at some pet stores, feed stores and even businesses that have no involvement with animals at all. Although many people involved in rescues are committed to offering only dogs of good temperament to the public, not all rise to the same standard.
Wording used to describe a dog may indicate issues of behavior. It is now common to describe an aggressive dog as "reactive" rather than aggressive. The wording may soften the perception, but the meaning is the same. Aggressive dogs may be described as "possessive," "protective," "dominant," "alpha," "timid," "frightened," or "just scared." When such wording is used, it is important to delve into how the description of the tendency manifests itself in the dog's behavior.
Negligence can come in many forms. How a dog is maintained on a property can also be significant in determining liability. A system which incorporates electric shock is now a common means of keeping a dog within the boundaries of a yard. The dog wears a collar, and when the dog approaches the perimeter of the yard, a sound warning the dog will be heard first and will be followed by a shock should the dog continue moving forward. This electric fence system is not appropriate for aggressive dogs. Dogs acting aggressively may bark and challenge passersby on the roadway. As time goes on, this behavior will commonly escalate. In an article published in Science Daily, a study was cited pointing out that aggression can be a motivation more powerful than food or sex.
In many ways an electric fence is far more unsafe than solid wood fences when used to contain aggressive dogs. When a delivery person happens upon a fence, the possibility of a dog within may cause him to use caution when opening the gate. If no physical barrier is evident, it is possible for an unsuspecting person to walk well within the fence boundaries without realizing that there is a dog loose on the property.
It is common for an electric fence to be positioned in circular fashion around the entire property encompassing both the front and the back yards, including the driveway and front door of the house. Someone driving into the driveway and exiting his or her car can come face to face with an aggressive dog. Children running along the public street can find themselves within the parameters of a dog's space. The behavior of an aggressive dog maintained within an electric fence system may be witnessed by neighbors who drive or walk by the property.
The Dog Control Officers or Animal Control Officers are often good sources of information. A dog may have escaped through an electric fence system on a number of occasions and been reported as "running at large," establishing at the very least, that the owner is aware of a deficiency in the system. Repeated escapes may point out a host of issues. If the dog has resided in other municipalities, the Dog Control Officers and Animal Control Officers in those areas should be contacted for information that they also may have on the past history of the dog.
Most owners of aggressive or dangerous dogs do know that the dog has "issues." It is common for a dog owner and the dog owner's family to establish a system to maintain an aggressive dog. Some dogs, aggressive about their food, are fed only by a specific person or only in a specific area to avoid the possibility of its being approached while eating. Some dogs are never given bones because of how they react, while in possession of a bone, to people. Some dogs are never walked on leash because of the behavior exhibited when people walk by.
There is a degree of responsibility inherent in the ownership of a dog. Unfortunately, not everyone is willing to put forth the time or the effort to train a dog to the point where it can interact with people in a safe manner. All puppies are cute, but they all grow up. Puppy training is necessary, but puppy training is not the same training that is needed for an adult dog. Too many dog owners engage in training only to stop well short of the work necessary to train an adult dog. Proper training of the dog, as both a puppy and as an adult, is necessary. A well thought out plan will produce a dog that is both comfortable and safe in the home and in public.
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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