In many states, there is something called the “one-bite” rule for dogs. This means that dog owners are generally not liable if their dog attacks someone, and that dog has been well behaved showing no vicious tendencies in the past. However, with the continuing popularity of animals, and the fact that twice as many Americans own pets as have kids, the odds of being attacked by even a good dog have gone up. Fighting breeds, such as pit bulls, are popular, and though these breeds are illegal in some cities, people still own them.
The Lawsuit
In Bridgehampton, New York, a lawsuit is before the New York State Court of Appeals involving a Labrador mix named Scooter, Scooter’s owner, Juan Abel Mendez, and eight-year-old Danielle Bernstein, whom Scooter bit. Scooter is what we would generally consider a good dog and had never shown any aggressive tendencies in the past. However, in 2003, Scooter was in Mendez’s toy store, a place that attracts children, when Danielle walked in. For reasons probably only clear to Scooter, Danielle was bitten in the face. She received 40 stitches as a result of the bite. Mendez was “beside himself” when Scooter bit Danielle. This lawsuit, and lawsuits like it, raises the possibility that one-bite rules in many states will be thrown out and replaced with more stringent laws.
Reasons?
We hear about stories all the time in which pit bulls, chows, and other “aggressive breeds” maim and kill children and adults. The argument here often comes down to: Is it because these breeds are aggressive, or is it because their owners are irresponsible? Or was the dog being teased? Does the Bridgehampton case rest on the idea that Mendez is a bad owner, or that Scooter was having a bad day? Like people, dogs don’t feel like putting on a happy face every day. Maybe Scooter just felt off that day. And breeds smaller than Labradors can’t be overlooked.
Breeds, Large and Small
We don’t often hear about Dachshunds, Chihuahuas, or other small dogs attacking people, but it does happen. People own Labradors more than any other breed because they’re perceived as a nice, kid friendly, outgoing sort of dog in the suburbs. They are also good for bird hunting.
Around the time 101 Dalmatians is released, and re-released, kids begin to beg their parents for Dalmatian puppies. The thing about Dalmatians is that they tend to be territorial and can be rambunctious. Put these two qualities in an otherwise “good breed” together with small children, and accidents can occur.
What it comes down to is dogs will be dogs, and, though they’re considered man’s best friend, they are still animals. Even the breeds that have been around people for centuries will display flares of what we, as civilized people, consider violent behavior, but to them it is completely in line with their animal nature. Dachshunds might be a sweet, funny dog, but put your face too close to their mouth while they’re playing with a ball, then the same kinds of injuries could occur as with Scooter and Danielle. This is not to say Danielle did something like this. Perhaps she simply tried to pet Scooter. But 40 stitches and a lawsuit later, New York is re-examining its one-bite rule.
Reality
Because we live in a world where the law of man takes precedence over the law of the jungle, we try to keep dogs’ natural tendencies on the proverbial leash. Yet people are still getting bitten. Since we obviously can’t take the dogs to court, we have to look to their owners. Dog bites send hundreds of thousands of people to the emergency rooms every year, and oftentimes these occurred with non-aggressive breeds, or pets whose owners swear have never shown violent behavior in the past. Again, the one-bite rule, which many states have, will allow the owners off the hook, but sometimes someone needs to take responsibility.
If you find yourself on the receiving end of a dog bite, you do have options. Please contact an experienced injury lawyer to discuss what to do if you wish to take legal action.
