We will photograph the wound with our digital zoom lens camera. This camera will preserve the view of the wound for future negotiations over damages.
We will hire one of the best Private Investigators in the area to inquire of authorities and neighbors to determine if the animal has had a prior report of biting someone and if there is sufficient proof that the owner has not taken precautions to protect others. If this is the case, punitive damages may be appropriate.
As the wound heals and more information becomes known about the past behavior of the animal, we will assist in establishing the value of the injury. Knowing the value of an animal bite injury requires experience in handling those types of cases.
3/31/07 Minneapolis Star Tribune Editorial: Dangerous dogs have no place in a city
Dogs are wonderful creatures, no matter what cat people say. But a very small number of dogs can be a danger to humans, and, especially in the confines of a city, those dogs have no place. The Minnesota Legislature should act forthwith to give cities the authority to ban or to put down dogs that meet the legal definition of a "dangerous animal."
The immediate cause for attention to this issue is the traumatic case of Minneapolis resident Paula Ybarra. While visiting a neighbor who owned two dogs previously designated "dangerous animals" by Minneapolis Animal Control, Ybarra was bitten on the neck and came very close to losing her life.
The Ybarra incident illustrates two problems with the current regime for controlling dangerous animals that! is written into both the controlling state statute and Minneapolis city ordinance:
Enforcement is lax. The owner of the two dogs had by his own admission failed to comply with the strict requirements for continuing to own animals that have been labeled "dangerous." Earning that designation means they have inflicted "substantial bodily harm on a human being" or killed "a domestic animal without provocation while off the owner or custodian's property." Despite the seriousness of that designation, failure to comply with the city ordinance earned the owner no civil or criminal penalty. Without effective city follow-up to ensure compliance, controls on dangerous animals are meaningless.
Had the owner of these two dogs fully complied with the Minneapolis ordinance, that would not have prevented this incident. The dogs were in their own home when the attack occurred, where neither muzzling or leashing is required. Ybarra was simply a visiting neighbor who un! wittingly triggered an attack and paid a very dear price. The ! hard tru th about such dogs is that you can't ever tell what might set them off. They're not bad dogs, but they are untrustworthy, and for them there is no such thing as a safe yet humane city setting.
In Minneapolis currently, there are less than two dozen dogs designated dangerous out of the tens of thousands that city residents own. It is a narrow definition applied sparingly. It does not allow for the dog owner's nightmare of a mean-spirited neighbor blowing an incident all out of proportion, or of taunting a dog into an attack, in order to have an animal destroyed.
For those few dogs that animal control officers have found truly dangerous, Minneapolis and every other Minnesota city should have the authority to give the dog owners a choice: Remove the dog from the city immediately or surrender it to be put down. That may sound cruel but it's really not. One reason there are so few "dangerous animal" designations is that most owners will have a worrisome dog put ! down on their own. They do not wish to live with even the possibility their dog might injure a human being, particularly a child.
The joys of dog ownership are many. But so are the responsibilities, one of which is removing the threat a dangerous animal poses. Once a dog is found to deserve the "dangerous" label, Minneapolis and other Minnesota cities should have the right, for the sake of the public they serve, to declare that dog unwelcome. If a more appropriate, and legal, home can be found for such a dog away from people, fine. If not, the dog should be put down. The Legislature should so allow.
WHY DO DOGS BITE?
Studies show that most bites are from a family dog or those belonging to other family members and friends. In an interview with the Minneapolis Star Tribune on Tuesday, April 16, 2002, Dr. Petra Mertens, an animal behaviorist, states that the key to preventing dogs from biting kids is to understand why these animals may feel threatened by children. Dr. Mertens explained that dogs are pack animals and without other dogs around they consider humans their pack. To dogs, the pack has a definite hierarchy. Dogs might think that children, because they are small, occupy lower rungs on the pack hierarchy. Thus, the dogs may think it’s their responsibility to keep kids in line or to remind kids that the dog outranks them - something a dog might do through growling or nipping. Or, dogs may view kids as competition for such resources as food or toys. A dog may bite if a child disturbs it while it is eating. Also, kids are more active and erratic than adults which may make dogs nervous and react viciously.
HOW DOES A DOG INTERPRET A HUG FROM A CHILD?
Dr. Mertens explained that dogs interpret a hug from a child differently than does a human. Rather than seeing it as an affectionate gesture, it can be very threatening to them to have a child reach across and over the animal and then squeeze. This can be interpreted as a child trying to show dominance over the dog.
WHAT IS THE BEST BEHAVIOR FOR A CHILD AROUND A DOG?
Experts suggest that if kids really want to pet a dog, they should get permission from the owner. Then the child should approach the dog slowly on the dog’s side and pet it gently on the chest, neck or behind the ears. NEVER LET A CHILD PUT THEIR FACE UP NEXT TO THE DOG’S FACE.
IF A CHILD OR ADULT THINKS A DOG MIGHT ATTACK, THEY SHOULD STAY STILL AND AVOID EYE CONTACT.
BEWARE OF EXOTIC PETS AND OTHER WILD ANIMALS:
It is not only dogs that are dangerous, but exotic pets and wild animals must be dealt with great caution, because they cannot discern who is friendly and who is an enemy. In one case, a client was bitten by an Iguana because she was not aware of their wild tendencies.
HOW TO CONTROL A DANGEROUS ANIMAL OWNED BY ANOTHER:
If you live in a neighborhood where an animal lives that appears to be dangerous or threatening, you should do the following:
* Call the owner and find out more about the animal. Ask the owner to control the animal.
* If the owner is not cooperative, then call the local police and ask for their advice as to what government agency to contact for a complaint.
* Call the local government agency whose job it is to protect citizens from dangerous animals.
* If all else fails, you may need to contact an attorney to assist you.
HOW TO BE A RESPONSIBLE ANIMAL OWNER:
Before you purchase a dog or animal, research which pets are appropriate for domestication. If this is your first pet, make sure you buy one that has a reputation for being gentle and easily trained. Getting a puppy is a lot like raising a new baby. They are very dependent on their owner and need lots of attention and care. You must determine that you have sufficient time and discipline to raise an animal. Once you have purchased the little darling, check in with your vet about the availability of training courses so that you can protect your pet by helping them to keep themselves and others safe. In the majority of cases, it is the owner who is lazy or ineffective in making the pet learn how to get along with others and this makes for trouble for the pet and the public.
HOW TO FIND THE APPROPRIATE PET TRAINING PROGRAM IN YOUR AREA:
We are very familiar with the University of Minnesota Veterinary School. At the veterinary school, Dr. Petra Mertens, a dog behavior expert and professor, teaches dog owners how to raise a healthy and safe pet. For more information on dog bite prevention go to the University of Minnesota veterinary school’s web site University of Minnesota Veterinary School and click on "Pet Safety/Dog Bite Prevention."
IF YOU ARE HAVING PARTICULAR PROBLEMS WITH YOUR PET, HELP IS AVAILABLE:
The Animal Behavior Service at the College of Veterinary Medicine’s Veterinary Teaching Hospital is designed to provide clients with diagnosis, prognosis, and treatment options for pet behavioral problems. We see a wide range of behavioral problems in dogs, cats, and other species of pets. Common reasons people seek help for their dogs include aggressive, fearful, destructive, and unruly behaviors. Among cats, failure to use a litter box and aggression are the most frequent complaints.
© Faris & Faris Law Office 2005-2008
