FAQ about dog bite expert testimony

Q. Why is an expert in animal behavior needed by a
dog bite attorney?

A. Frequently, there is dispute between parties about liability for the incident. Questions about liability are frequently related to questions about the temperament of the dog or how the incident might have happened. A behavioral expert can assist an attorney in the following manner:

1. Determine if the the dog was "provoked" to bite;
2. Determine if the dog was aggressive by nature;
3. Determine if the owner or another significant person (e.g.) landlord should    have been aware of the dog potential for misbehavior given the breed of the    dog or past history of the dog;
4. Assess other factors reguarding why the incident happened for the purpose of clarifying negligence or liability.
5. Reconstruct how the incident happened in order to render opinion on the credibility of the defendant's vs. plaintiff's version of the incident; Determine if the dog was aggressive by nature.

Q. In what capacity can the animal behavior expert serve the dog bite attorney?

A.  There are several ways in which this can happen:

1. The expert can undertake a behavioral inspection of the dog or location where     the incident happened.
2. The expert can formulate questions for the attorney to use in deposition or trial;
3. The expert can prepare declarations or other written reports;
4. The expert can provide testimony to support or reject an attorney's arguments about the behavior of the dog that stie into questions about liability and negligence.

Q. Who should qualify as a dog behavioral expert?

A. In addition to one's practical experience in working with dogs, there are other important criteria that sets the qualified dog behavioral expert apart from other self-professed experts. In reality, anyone can claim to be an "expert", and recently there seems to have been an increasing number of individuals marketing themselves as “dog bite experts”, particularly in California. Many of these individuals - who  may possess excellent qualifications as dog trainers,  or perhaps may have been involved in  rescue work or who have run businesses such as dog training academies - possess no formal educational background in the science of animal behavior, and how the science may be applied to the behavior of dogs. This could become important in cases where Daubert criteria are applied, and if this happens those lacking an academic background in animal behavior would be compromised. Moreover, individuals lacking an academic background would be compromised in their ability to base their opinions from findings in the scientific literature. Individuals like these often join forensic professional societies, take weekend courses or one-day courses on dog behavior or dog bite forensics, possibly for the purpose of projecting to the legal profession that they are qualified dog bite experts.  And in the state of California the standards for dog bite expert witness qualification are are slack, and almost anyone can qualify as long as what they put on their curriculum vita seems appropriate. Read more about expert witness qualifications. In general, the attorney will be best served if he/she finds an expert who posseses the following qualifications:

1. Certification through the Animal Behavior Society or the American Veterinary Medical Association;
2. Publication record in peer-reviewed journals of veterinary medicine or animal behavior;
3. Advanced degree in animal behavior from a recognized institution of higher learning;
4. Research experience in the field of animal behavior.

Q. What kind of animal behavior evidence is needed to substantiate legal arguments in dog bite cases?

A. Some States, like California, have statutory strict liability for dog bites. Legally, if the incident happened in a State where dog bite law applies, then the burden lies with the defense to demonstrate the comparitive fault of the plantiff. Forensic evidence to support the occurrence of a bite may come in the form of medical records, photos of the injury, or results from behavioral testing to determine if the dog had the kind of temperament to bite or cause injury to a human. Other circumstantial evidence, such as the context in which the incident happened, is often very useful. Note that in the absence of direct evidence - such as the ability to inspect the dog - circumstantial evidence is a valid and accepted means on which the animal behaviorist can based opinions. In States where recovery is based solely on common law theory, evidence must be presented to demonstrate that the dog was dangerous by nature and that the owner or keeper had full awareness of this behavioral tendency. Again, evidence bearing on this issue can be presented in the form of behavioral testing, animal control reports, and what other people (e.g. neighbors, veterinarian,etc.) say about the dog. The expert witness in animal behavior uses this information to formulate behavioral opinions about how (i.e. behavioral reconstruction) the incident happened.