Feb
24
Written by:
Matt Schad
2/24/2011 10:36 AM
Opinion: Dogs that Attack Should Be Destroyed
Over the years I have represented dozens of clients, many of them children, who were victims of dog attacks. All “dog bite” cases are unique and challenging. Recently, one of our clients was terribly disfigured in an attack that was covered by local television and newspaper media. I’m blogging about it because it’s important to her that no one else ever be needlessly savaged, and that this dog in particular is eventually destroyed.
First of all, let me say that I like dogs. I love my own dog. But, I like people more – and I have absolutely no sympathy for vicious dogs or their owners.
Maybe it’s my background growing up on a farm. We had working dogs that protected our herd from stray dogs. If a wild dog was loitering around the farm, we’d chase it away. If it came back, or threatened anyone, we shot it. If one of our own dogs got crazy and ate a chicken, or nipped at the cattle or goats, it would “disappear”. As a child, I remember my dad making the one-way trip to the woods with the “bad” dog and his shotgun, and then walking back alone. Harsh? Perhaps. But fair.
Dog attack cases are not easy from a legal standpoint. A dog owner is not automatically responsible for the damage their animals cause. To win a case, the victim must prove that the dog had “dangerous propensities”, and the dog owner “knew or should have known” about those characteristics. What does that mean? As a practical matter, it is hard to hold owners responsible for dogs that have never acted aggressively or that bite without warning. Legal commentators have called this the “one free bite rule” because an owner can always claim that he had no idea the bite was foreseeable because it had never happened.
Experienced trial lawyers know better. I have taken many depositions where the dog owner initially claimed “my dog has never been aggressive”. As the questioning goes into detail, it’s obvious that the dog was a threat – that it growled, or barked, or chased kids. There are ways to find out about the true nature of a dog. Vets, neighbors, and the mailman can all provide valuable information.
I divide dangerous dogs into two categories – the “nippers” and the “maulers”. Nippers are dogs like shepherds that are sneaky, high strung, or easily startled. They usually get spooked by children or sudden movement. They bite once, and can cause serious damage but are not trying to kill. Sadly, kids are usually on the wrong end of the bite. The maulers are just what they sound like – big, aggressive breeds that attack to kill, and inflict massive damage to children and adults alike. Pit bull mixes are the most common culprits.
My personal opinion is that dogs that bite should be destroyed. I have seen too many clients with physical and emotional scars from attacks. Especially pit bulls and other breeds selectively bred for aggression and fighting. If they bite once they will bite again.
Animals are animals. People are people. When animals are a threat to people – the animal should lose.