Dog Bite Expert - Cat Bite Expert Witness

Plaintiff on bicycle attacked by Weimaraner in California

     A 73 y.o.female defendant was walking her adult Weimaraner on the sidewalk when the plaintiff and her daughter, both riding bicycles, approached from behind. They attempted to pass the defendant on her right side. As the plaintiff attempted to pass, the dog leaped at the plaintiff and bit her severely on the leg. Dr. Polsky was retained by the defense in this case.

  Attack by Doberman pinscher at dog kennel in California

     Dr. Polsky was retained by the defense in this case. The incident occurred at a dog kennel where the defendant had taken his male Doberman for boarding. He entered through the main entrance with his dog on leash and approached the main counter where he was greeted by the plaintiff (the owner of the kennel). Information exchange, paper work, etc. then occurred between the plaintiff and defendant for about 5 minutes. During this time the plaintiff remained on the customer side of the counter with his dog sitting quietly by his side on a leash. After the paper work was completed, the plaintiff walked from behind her side of the counter to the front of the counter where the defendant was standing with his dog. As the plaintiff approached, the dog leaped at the plaintiff and bit-off a large portion or her nose.

Knock down in dog park in New Jersey

     The plaintiff was knocked down and severely injured by a rambunctious, playful eight month old, 110 lb. English mastiff. No bite occurred but the plaintiff broke her leg due to the impact of this exceptionally large dog. Dr. Polsky was retained by plaintiff's counsel. Questions Dr. Polsky addressed in this action with concern the danger a dog of this size presented to people in the context of a dog park, and whether the owner maintained this dog under reasonable supervision during the time the dog was in the park.

San Francisco dog mauling

    Dr. Polsky was retained by the defense in this well-known case which drew national attention. The victim, Diane Whipple, was mauled to death by her neighbor's massive Preso canario dogs in the hallway of her apartment in January, 2001. The case caused much dismay in San Francisco's gay community, probably because Whipple was a lesbian living in San Francisco. The Grand Jury indicted the female defendant, Marjorie Knoller, on second degree murder charges based on a theory of implied malice. Manslaughter charges were against the co-defendant, Knoller's husband, Robert Nowell. Both were practicing attornys at the time of the incient. Dr. Polsky consulted with defense attorneys on matters pertaining to the dangerous nature of the dogs (the male dog was named Bane) and whether it was foreseeable that these dogs would actually kill a person (i.e. the main issue supporting second degree murder charges). Polsky was in the court room ready to testify at trial, but the defense unexpectedly rested their case without calling him. However, Polsky testified earlier in an evidentary hearing about the alledged sexual activity the defendant Knoller had with the dogs, and the validity of the tests used to behaviorally test the dog that was kept alive after the incident. A web site authored by Dr. Polsky discusses the animal behavior issues in this unusual and rather bizarre case. (http://www.sfdogmauling.com).

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Fatal dog mauling in Wyoming

      Dr. Polsky was retained by the defense in a case that involved the fatal mauling of a 1 y.o. child by a reproductively intact male Rottweiler. The incident happened as follows: The child was left unattended in the front yard of its home, directly across from where the defendant maintained the Rottweiler on a chain attached to her trailer. The chain was long enough to allow the Rottweiler proximity to the street.  The incident happened when the child wondered from its yard into the street, thereby coming within reach of the Rottweiler. The owners, who were neighbors residing directly across the street in a trailer. Prosecution pressed charges on the belief that the owners had full awareness of the dangerous nature of their Rottweiler. The defendants acknowledged that the dog would growl at unfamiliar people but they had no reason to believe the dog would go beyond these warning displays. Prosecution further believed that the owners acted in a manner to abet this dog's aggressive nature. Discovery in this case revealed that at the time of the incident the mother was doing laundry and the father was sleeping. The mother placed her child in the front yard to play with the belief that the gate to her fenced front yard was closed. Several weeks prior to trial a plea-bargain was reached. Manslaughter charges were dropped in favor of misdemeanor charges and probation for the defendants. No testimony in this case was given by Dr. Polsky. Click here for news account of this incident.

Fatal dog mauling in Red Bluff, California

      Dr. Polsky was retained by the prosecution expert in a case that involved fatal mauling of a 7 year-old boy by two Rottweiler type dogs. The defendant in this case was an ex-police officer who the maintain these two dogs, along with another Rottweiler dog, on his property in the town of Red Bluff, a rural community in Northern California. The incident happened when the victim entered the backyard of the property adjacent to the defendants. A chain-link fence separated the defendant's yard from the yard where the boy had entered. The Rottweilers were loose in the defendant's yard. It was established that the defendant's chain link fence was in need of a repair and this allowed the dog to slip under the fence and attack the victim. This attack was eventually stopped by the victim's father who came running from across the street after hearing a commotion.  The prosecuting attorney in this case, Gregg Cohen, had been involved in other dog mauling cases. He is best known for the impetus in formulating California's "Cody's Law." Cody's Law makes it a felony to own a dog with vicious propensities that a severely injures or kills a person. Dr. Polsky testified at trial.  The defendant was found guilty.  Click here for newspaper reports on this incident.  Click here for a news report about verdict.      

     Dr. Polsky was retained by the prosecution in this high profile case case involving the fatal dog mauling of a 10 y.o. girl by six Rottweilers, whom the owner kept on her property, presumably as pets. The incident happened when the owner of the dog went on an errand leaving her daughter and victim - the daughter's friend who came to visit - alone with the dogs. Dr. Polsky reviewed evidence pertaining to behavioral variables which may have provided the defendants with sufficient knowledge to know that their dogs were dangerous by nature. Dr. Polsky did not render trestimony in this matter. The case was resolved prior to trial. Click her for newspaper accounts.

Civil rights case involving a police dog in San Diego

      Dr. Polsky was retained as an animal behavior expert for the plaintiff. One issue in this case which utilize Dr. Polsky's expertise was whether the victim, a 60 year-old male recently released psychiatric patient who may have been in a florid paranoid state at the time of the incident, had the ability to thrust his arm forward in stabbing motions towards the police officer before being shot to death. The victim had a pair of 8" scissors in his hand, and according to the canine handler, the victim was thrusting his arm forward in an effort to stab his dog. Dr. Polsky testified as to whether the victim could act in such a manner given the fact that the police dog was latched onto his upper arm. Plaintiffs' attorney argued that the use of gunshot was therefore grossly excessive considering the circumstances, and that the victim was shot because he posed more of a threat to the dog (i.e.stabbing the dog with a sissors) than to the police officers.  At trial, Polsky also testified about the strong attachment that forms between police handlers and their service dogs (hence a reson to protect their dog from harm) and the role in which police service dogs might best be used. The officer was aquitted. Click here for a news report about the outcome.

Fatal dog mauling in Illinois

     This well-publicized case in the Chicago area involved the fatal attack by several pit bull mixed dogs on a female jogger in Dan Ryan Park in January 2003. Dr. Polsky was retained by plaintiff's counsel to address the issue of the danger stray dogs present to the public in a park setting. Plaintiff brought action against the city for their negligence in not dealing with the dangerous conditions that existed within the park due to the presence of packs of stray dogs. This case settled and Dr. Polsky was not called upon to testify. Click here for a newspaper report on this fatal dog mauling.

Negligence by Petco Store in California

     This case involved an adult male Jack Russel terrier, brought to a San Diego area Petco store for grooming. While being bathed Jimmy inflictied serious facial bites to the Petco groomer. Dr. Polsky was retained by the defense. Jimmy had been to the Petco store on previous occasions for grooming. The groomer filed suit against the dog owners under California law which calls for strict liability against the owners of a dog if their dog bites a human. The dog owners brought a complaint against Petco for the negligent manner in which they managed, trained, and provided instruction with regard to the safety for this groomer. A central issue in this case for Dr. Polsky forcused on the predictibility of dog behavior in a grooming saloon of a Petco strore. Petco discouraged the use of muzzles becuse using them would project an unfavorable image to their customers. Litigation did not proceed to the point where Dr. Polsky's testimony was needed. Plaintiff's counsel settled the case after it was learned that the dog - on the day before the incident - acted aggressively to the plaintiff and this was documented in Petco records.

Assumption of risk in California

     The incident in this case happened when the plaintiff, a 60-year-old lady, was house sitting for the defendant who owned an 13-year-old minature poodle. According to the plaintiff, several days after she had started her job, she was attacked by the dog when she reached down to pick up one of the dog's toys. The bite injuries became infected, and she required extensive medical treatment. According to the plaintiff, the incident happened when she reached down to get one of the dog's toys. Discovery revealed that this this dog had shown aggressive tendencies in certain situations previously, such around such as around its food, its toys and occasionally was protective around various other kinds of objects. Prior to the start of the plaintiff's house sitting duties, according to the defense, she was made well aware of the dog's aggressive nature in particular situations, and defense contended that she also must have known about the dog's tendencies for aggression because she cared for this dog on previous occasions. The defense contended that the plaintiff's version of how the incident happened was suspect. Dr. Polsky was retained by the defense to reconstruct how the incident probably happened. One interesting aspect about animal behavior that came into play in this case, were the circumstances in which dogs guard coveted objects. Defense acknowledged that the California dog bite statue applied in this case, but mitigating circumstances needed to be considered, such as assumption of risk, given that the plaintiff accepted the job knowing that the dog could be aggressive around its toys, and that she was warned about this tendency, but failed to heed the warning, and that she may have actually provoked the attack. Dr. Polsky gave deposition testimony in this case, and shortly thereafter the case settled.

Child abuse or dog attack in Florida?

      Dr. Polsky was retained by the state of Florida in a case involving charges of aggravated child abuse against a Gainesville police officer. The case involved a two-month-old infant with broken ribs, a lacerated liver and a ruptured splene. Despite the fact that there were an absence of puncture wounds on the child and an absence of a significant amount of external bleeding, the officer claimed that the dog was responsible for the injuries. The dog in question was a seven-year-old male, castrated Dutch Shepherd. The defendant stated that prior to the incident the dog had gotten on well with the infant in the two months the dog and the child cohabited together, and there was an absence of any previous incidences of aggression toward anyone by this dog. A team of medical examiners concluded that the internal injuries were the result of the child being squeezed by his father, and not a dog attack. Behaviorally the defense arguments were that the seat the child was in, which rocked slightly and made a vibration noise, possibly triggered the attack, or that the dog simply was engaging in rough play with the child. Dr. Polsky testified at trial about the validity of these explanations and about other factors usually found associated with severe dog attacks. Note, incident happened in early afternoon within a few hours after the police officer had returned from working a night shift, and at the time of the incident he was sleeping. The prosecution argued that the officer acting out of frustration, tried to physically quiet a crying child, and the infant's injuries were inflicted in this matter. The jury acquitted the officer of the charges. Further description of this case can be found here.

Wolf hybrid attack in Canada

     Dr. Polsky was retained by the plaintiff to render testimony about the domestication of the Wolf hybrid. The incident in question happened when the plaintiff came to the front gate of the neighbor's yard containing the Wolf hybrid, and was attacked as she attempted to enter the property. She was given permission by the person restraining the Wolf hybrid to enter the property. From the plaintiff's perspective, this case hinged on whether the Wolf hybrid was a domesticated animal, as opposed to the issue of foreseeability of the attack. Dr. Polsky testified at trial, and the Judge's ruling, favorable to the plaintiff, can be viewed here.

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