Dog Bites

I have a dog. A really big dog. You see, the Gooch Family does few things in a moderate way. We like big things, so we got Tinkerbell Gooch. Tinkerbell is a two-hundred-fifty pound English Mastiff. She is a wonderful dog. She is extremely affectionate, does not bark, does not bite, and demonstrates no aggressive behavior. Really, Tinkerbell just wants to snuggle; in fact, the meanest thing she could possibly do is give you a sound beating with her wagging tale.

Despite Tinkerbell's affectionate disposition, I am completely responsible for her behavior as her owner. Now Tinkerbell would not menacingly hurt anyone. However, in an over exuberant approach to give someone a good kissing with her very long and slobbery tongue, she may knock you over, which could result in very serious injury. The law recognizes animal ownership as a very important responsibility as humans not animals can foresee and prevent harm.

Arguably, no other animal has been as integrated into human life as the household dog. Because we are in contact with canines on a daily basis and consider them to be part of the family, we often tend to forget that they are still animals. Specifically, dogs can have aggression, territorial issues, and unpredictable behavior, which may manifest itself physically through growls, barking, bites, or worse. Approximately five (5) million Americans are attacked by dogs each year, constituting a significant number of all medical patients. As much as we love dogs, they can also be very dangerous. Some breeds that are known to be particularly dangerous are: Akitas; Bullmastiffs; Doberman Pinschers; German Shepherds; Pit Bulls; Rottweilers; and Huskies.

The law of Utah is favorable to dog bite victims. In fact, Utah has strict liability regarding dog bites. Utah's Dog Liability Statute states that:

• Every person that owns or keeps a dog is liable for damages caused by the dog. The plaintiff is not required to prove that the dog was vicious or mischievous or that the owner or keeper knew of its propensities. The amount of liability is determined by comparative fault. Therefore, any fault on the part of the injured person may reduce the amount of damages awarded.

(Utah Code §18.1.1)

A dog bite poses a difficult situation for everyone involved, particularly the victim. Potentially, the victim could be scarred, maimed, or even killed. Too, there may be numerous medical visits, ongoing medical care, and out-of-pockets expenses. Legally, dog bites encompasses three separate areas of law, including civil, criminal and administrative laws. In general, civil laws provide monetary compensation for the victim, criminal laws impose punishment on the dog owner, and administrative laws create a remedy against the dog itself.

Dog attacks can occur without being provoked. However, there are some signs to watch for. A relaxed, friendly dog will hold its head up, its tail will be rested or slightly wagging, the hair will lie smoothly on the dog’s back, and the lips will be relaxed. Signs that a dog may be ready to strike include: the dog’s nose being pulled back and wrinkled, the lips revealing the teeth, raised hair on the back of the dog’s neck and spine, the dog will be growling or snarling, and the body may be in a tense or cocked position.

Here are a few safety tips that, if applied, may help responsible dog owners who love their canine companions to reduce the occurrence of dog bites.

• Train your dog. Proper animal education allows the dog to establish positive patterns of behavior. With a solid background of training, your dog will understand basic commands and have a better sense of right and wrong.
• Respect a dog's space. Don't casually place your hands on a dog's fence or other property. Dogs are territorial by nature and may feel threatened if they don't know you.
• If approached by a dog that has gotten off its leash, do not run away and yell or make loud noises. Stand still, with your arms crossed over your chest, avoiding eye contact with the dog.
• When you feel that a dog may be approaching your with the intent to bite, toss an object away from you and away from the dog to distract its attention. Then confidently turn and walk away from the dog.