LET ’ S MAKE IT LEGAL
Bite Me !
ROBERT NEWMAN , ESQ .
30 DOGSinREVIEW . com
In the final Jeopardy round today : Answer : What is , “ Oh my , that ’ s never happened before !” Question : What is the first thing you will hear yourself saying immediately after your dog has bitten another dog or a person ?
Given that this column was conceived with the idea of addressing legal matters related to canines and their owners , a major issue that I wanted to tackle early on was one that is not considered often enough by people in the fancy — the dog that bites .
Whether the victim of the bite is a person or another canine , I suspect that most of us in the dog show world have rarely , if ever , taken the time to consider the ramifications of a dog bite incident taking place , and the liability we may face should that biting dog be ours .
It is worth noting that most dog bite incidents that take place on showgrounds typically go unreported . I know this because a few years back , while walking my dog to the ring to be shown at an AKC show , he was bitten . It happened quickly . So quickly , in fact , that I didn ’ t even know that it had occurred . Because I was hurrying to get to the ring , and perhaps because Pharaoh Hounds tend to be rather stoic in the face of pain , my dog barely flinched when he was bitten on his rear flank . Only once we were in the ring and I saw the puncture wounds and droplets of blood running down his coat did I realize what had happened . Because my boy seemed undaunted , I finished the breed competition ; and only then did I attempt to locate the exhibitor with the rather unfriendly Doberman that had bitten my dog . They were gone . I did not report the incident to the superintendent , figuring nothing could be done . I failed that day — failed in my obligation to my own dog and in my obligation to my fellow exhibitors who may have faced a similar experience with a dog that likely shouldn ’ t have been on the showgrounds in the first place .
It is the obligation of each and every one of us to be vigilant in reporting to the appropriate organization committee when we become aware of a fellow exhibitor who puts others in harm ’ s way by bringing a dog of questionable temperament to an event .
The statements made in this column represent the opinions of the writer and are not intended to be interpreted as legal advice . If you need legal advice , you should consult with an attorney licensed in your state .
For those of us in dog sports , we would do well to consider the potential liabilities we face .
Usually dog bites occur because of one of the following scenarios : Owner # 1 : The person is unaware of the issue .
We ’ ve all encountered , at one time or another , the fellow exhibitor who is — not to put too fine a point on it — completely oblivious that they have brought a dog with them . This is the person who allows their dog to rush up on either you or your canine , or both , and who watches and giggles as their dog becomes entangled with your dog as they spin around you like a Tasmanian devil . This is the person whose dog is allowed to be at the end of a 6-foot lead with little or no control . This is a potential disaster waiting to happen . Owner # 2 : The person suspects there is an issue , but decides to test their dog anyway .
This is the person who has noticed issues with their dog in the past , but subscribes to the theory that they will make the dog “ work through ” the issue by forcing them into facing whatever fear or anxiety they are having and hoping it will all just turn out fine . The problem with this theory , of course , is that an overwhelmingly large number of dog bites are a fear-based response from the canine . While not intentional , the owner who makes this decision is certainly negligent . Owner # 3 : The person knows their dog has an issue , but shows up with their dog anyway .
This is the worst offender because they are already aware ( or on “ notice ,” in legal terms ) that their dog has the potential for aggression , whether it is directed at other canines or people . This is a scenario that can subject the owner to the greatest liability .
Liability for Dog Bites
One should always be aware of how the law in their state regards liability for a dog bite . STRICT LIABILITY : Many states , such as California , Montana and New Hampshire , impose strict liability for a dog bite . That is to say , there is no defense that overcomes the liability imposed for any damage caused by your dog biting . In states with strict liability laws , owners 1 , 2 and 3 above will face liability for their dog ’ s bite . ONE-BITE RULE : In states like Kansas , Mississippi and New Mexico , there will be liability imposed on the dog owner if there was prior knowledge of the danger propensity of the