Bad Dog: Bad Owner

I didn’t know it was loaded.  It just went off.  It’s not my fault.  These defences don’t wash if someone leaves a loaded handgun on the coffee table.  But at least handguns are inanimate.  They won’t point at you and pull their own triggers.

Dogs will.

In the USA 8 times as many people are hospitalized for dog attacks as for gunshot injuries (Canada doesn’t keep any statistics).  Half of firearms injuries are self-inflicted.  Dog attacks aren’t.  Most occur in daylight, are by a dog known to the victim, and have no interaction leading up to the attack.  The dog “just goes off”.

The 10 breeds most likely to attack are:

·         Pitt bull

·         Rottweiler

·         German Shepherd

·         Husky

·         Alaskan Malamute

·         Doberman Pinscher

·         Chow Chow

·         Great Dane

·         St. Bernard

·         Akita

The breeds considered most likely to kill are Pit Bulls and Rottweilers.  A third of all dog-bite fatalities are caused by Pit Bulls.  We presume there are a lot of yappy little dog attacks which don’t get reported – Chihuahuas are unlikely to injure anyone.

The legal liability for dog attacks is complicated.  If the dog has no previously-known vicious tendency, the owner is only liable if it failed to take reasonable care.  But if the dog does have a previously-known vicious tendency, then the owner is automatically liable for any injury.

But what’s a vicious tendency?  Attacking a human?  Sure.  Attacking a cat?  Maybe, maybe not.  Attacking a dog, sheep, cow?  Likely.   And, you have to prove the owner actually knew about the vicious tendency.  Not just “should have known”.  Actually knew.

In our experience, most dog owners are oblivious to their dog’s breed characteristics, individual blood line, and personal temperament.  We win cases by showing that the owner bought a dog which had a breed characteristic to act in certain ways: Collies herd, Retrievers fetch stuff, Rottweilers guard, etc.  Some dogs come from bloodlines of vicious ancestors.  Some have been abused and become vicious (or unpredictable).  We work on the theory that the dog doesn’t have judgment – its owner does.  Like a gun, the dog has to be looked after responsibly.

It’s clear that a dog can be Man’s best friend.  It’s equally clear that some people shouldn’t own a dog.  When bad dog owners cause people to get hurt, we can bring them to heel.