Dogs In Review Magazine March 2017 | Page 34

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dog . In states with the One-Bite Rule , owner 3 will face liability for their dog ’ s bite . MIXED-STATUTE STATES : States like Indiana , Maryland and New York employ a so-called “ mixed-statute ” approach , imposing liability only if a secondary element can be shown in addition to the bite — i . e . that the owner had prior knowledge of the dangerous propensity or that the owner was grossly negligent in allowing the bite to occur . In states with a mixed-statute approach , owner 3 will definitely face liability , as will owner 2 , depending on the prior indicators or behaviors of their dog .
It is important to remember that even without the benefit of a strict-liability approach , absent some type of provocation by the person who was bitten or by their canine , the owner of the biting dog can and likely will still face civil liability on a theory of negligence .
Even more important for owner 3 to bear in mind is that , in addition to civil liability , they may also be exposed to criminal liability in several states for their conduct .
In the almost 20 years I have been involved in competitive dog events , I have had the occasion to be the attorney for both the plaintiff and the defendant in legal proceedings stemming from dog bites .
For those of us in dog sports , we would do well to consider the potential liabilities we face , including some special considerations for dog show judges , groomers , show photographers and professional handlers .
Dog Show Judges
Dog show judges are in a unique position when it comes to the prospect of a potential dog bite occurring — and we all know or have at least heard of a judge being bitten . They are required , by the very nature of their assignment , to examine dogs that they do not know . This requires an examination of the head , bite and testicles — not something all dogs have been appropriately trained for or are ready to undergo . It is the responsibility and obligation that every exhibitor who brings a dog before a judge should take as vital .
My advice to judges would be that they request the exhibitor to show the bite . This not only reduces the risk of cross-contamination among canines , but it is an extra step in safeguarding the well-being of the judge .
The courts of many states have held that veterinarians , veterinary technicians and boarding kennel employees who are bitten by a dog in their care have assumed the risk of being bitten , and therefore cannot recover for damages they suffer
It is the obligation of all exhibitors to make shows and competitions safe for their dog , as well as the other dogs and people present .
as the result of a dog bite . While no case has yet reached the point of establishing a published legal precedent , I suspect that the courts would view dog show judges the same as other professionals who are deemed to have assumed the risk of a dog bite . Judges beware .
Professional Handlers
Professional handlers , who make their living by assuming the responsibility of taking on someone else ’ s dog , also likely take on any liability that stems from those dogs . Not unlike dog show judges , professional handlers will likely be deemed to have assumed the risk of being bitten and will be prevented from any recovery in the event they suffer a bite . Unfortunately , they likely will be deemed to have assumed the responsibility for any damages caused by the dogs in their care .
My advice to professional handlers : Invest in a liability insurance policy so as to avoid personal responsibility for any damages caused to humans or animals by dogs that you take into the ring .
Show Photographers , Grounds Crew , Ring Stewards
A few years back , I represented a dog show photographer who arrived at the showgrounds with two perfectly good ears and left with one and a half , thanks to a Greater Swiss Mountain Dog that lunged at her face , ripping half of her ear lobe off . Her injuries required reconstructive and cosmetic surgery , and her medical treatments were costly .
The dog owner ’ s lawyer argued that , like a veterinarian and other canine professionals , the photographer had assumed the risk of the dog bite because of her job .
For the court , the relevant inquiry turned on what was required of her given function at the dog show . Because , unlike a dog show judge , she was not required to physically interact with the canine , the court distinguished her position from that of the others . It ruled that she had not , as a show photographer , assumed the risk of the bite . The owner was held liable for the photographer ’ s damages .
Following that same line of thinking , grounds workers and ring stewards would also be allowed to recover for damages they incur from a dog bite while at a show .
Junior Handlers
As an owner , you must be vigilant and realistic before allowing a junior handler to take a dog into the ring that they will
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