Why retain a dog bite expert?

Richard H. Polsky, Ph.D.
Expert in Dog & Cat Behavior
Certified Applied Animal Behaviorist

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Attorneys may be uncertain about the benefits of retaining an expert in animal behavior in dog bites cases, or how such an expert can help. This is understandable: In California and in many other states, the law specifies strict liability for injuries caused by a dog bite. Thus, when only damages are contested, the animal behavior expert's role may be limited. However, if liability is contested, then having an animal behavior expert on your side may mean the difference between winning and losing.


Ten areas in which the opinions of an animal behavior expert can help the dog bite attorney:

1. Breed identification and behavioral proclivities of different breeds;

2. The dangerous or vicious nature of the dog in question;

3. The behavioral capabilities of the dog at the time the incident happened;

4. Whether provocation was a factor in causing the dog to bite;

5. The care and maintenance of a dog and how these factors influence behavior;

6. Was the incident foreseeable to the dog owner, or a landlord?

7. The side effects of drugs and how they impact aggressive responding and the safety and reliability of dog training equipment;

8. Identification of the dog which did the biting when multiple dogs are involved in an incident;

9. How alleged gross misconduct of an owner impacts a dog's behavior.

10. Reconstruct how the incident must have happened for the purposes of discounting or supporting testimony in the case.

Typical assignments for the animal behavior expert in dog bite litigation

  • Conduct a behavioral examination of the dog to determine if the dog was dangerous by nature;
  • Review depositions and other discovery to determine if the defendant provoked the dog, or if there were steps the defendant could have taken to prevent the incident from happening;
  • Assist the attorney by pointing to facts of the case that support or reject arguments about liability;

  • Develop questions for the attorney for use in deposition or trial;

  • Draft reports or declarations stating opinions, and provide deposition or trial testimony.