Dog Bite | Animal Behavior Expert Witness

Richard H. Polsky, Ph.D. CDBC
Los Angeles, California

“Bringing the science of animal behavior to attorneys”

Animal behavior expert on dog bite attacks

Richard H. Polsky, Ph.D. CDBC
Los Angeles, California

“Bringing the science of animal behavior to attorneys”

Context aggression in dogs

By Richard Polsky, Ph.D. – Animal Behavior Expert | Dog Bite Expert Witness

Aggression in dogs is not a general trait—it’s a context-specific behavior. That means a dog that reacts aggressively in one situation may behave calmly in another. Understanding the context in which aggression occurs is crucial in behavior assessment, risk management, and especially in forensic evaluations related to dog bite incidents.

This insight is supported by decades of behavioral science and veterinary research. As an expert witness in dog bite cases, I rely heavily on this principle when analyzing the behavioral history of dogs involved in attacks.


Defining Contextual Aggression

Contextual aggression refers to aggression that is expressed only in certain environments or under specific circumstances. This form of aggression is widely acknowledged in veterinary behavioral literature.

For example, Landsberg, Hunthausen, and Ackerman (2012) describe canine aggression as being “almost always associated with identifiable stimuli” and note that aggression is frequently “context-dependent,” influenced by the dog’s learning history, emotional state, and the environment in which the behavior occurs.


Examples of Context-Specific Aggression

Territorial Aggression

Dogs often display aggression when their perceived territory is entered. Territorial aggression is well-documented in behavioral studies and is considered one of the most common forms of aggression displayed in domestic dogs (Overall, 2013). These dogs may appear entirely non-aggressive in neutral environments like public parks or veterinary clinics.

Example: A dog like Shay might bark, lunge, or bite when someone enters its yard—but be friendly when walked off-leash in a public area.

Fear-Based or Defensive Aggression in Confined Spaces

Behavioral responses often intensify when a dog feels trapped or cornered. Veterinary settings, grooming salons, or car interiors can create high-stress contexts that trigger fear-based aggression—even in dogs that are otherwise docile (Mills & Estelles, 2016).

Leash-Related Aggression (Barrier Frustration)

A dog may react aggressively while on-leash but not when off-leash. This phenomenon is described as leash reactivity or barrier frustration, and it stems from a combination of restricted movement and heightened arousal in the presence of other dogs or people (Herron, Shofer, & Reisner, 2009).

Resource Guarding (Possessive Aggression)

Some dogs will show aggression only when someone approaches a valued item like food, toys, or even a preferred person. This behavior is strongly contextual and may never appear outside those specific scenarios.


Legal Relevance of Contextual Aggression

For attorneys handling dog bite cases, failing to recognize the role of context can lead to misjudgment of a dog’s overall behavior profile. In forensic settings, I often evaluate:

  • Whether the aggression was consistent with a specific context (e.g., territorial defense)

  • If the aggression was predictable based on prior behavior

  • Whether the incident could have been prevented by the owner through reasonable management

  • If the behavior aligns with known patterns for the breed or individual

Contextual aggression plays a critical role in assessing foreseeability, owner negligence, and potential provocation—all of which are central to liability in dog bite cases.


Aggression ≠ Aggressive Dog

One of the most important concepts for judges, jurors, and attorneys to understand is this: contextual aggression does not mean a dog is universally dangerous or aggressive. A dog that bites in one environment may be completely safe in another. The goal of expert behavioral analysis is to pinpoint why the aggression occurred—and whether it was avoidable.


Conclusion & Expert Services

Understanding contextual aggression is key to resolving disputes in dog bite litigation. If you’re an attorney seeking clarity on a case involving situational or inconsistent aggression, a behavioral expert can provide the evidence-based perspective needed to support or defend claims.

Richard Polsky, Ph.D.
Certified Applied Animal Behaviorist
Expert Witness in Dog Bite Cases
President, Animal Behavior Counseling Services
Los Angeles, CA | Available Nationwide


References

  • Landsberg, G. M., Hunthausen, W. L., & Ackerman, L. J. (2012). Behavior Problems of the Dog and Cat. 3rd ed. Saunders Elsevier.

  • Overall, K. L. (2013). Manual of Clinical Behavioral Medicine for Dogs and Cats. Elsevier Health Sciences.

  • Mills, D. S., & Estelles, M. G. (2016). “The Role of Context in Understanding and Managing Canine Aggression.” Veterinary Record, 179(7), 179–183.

  • Herron, M. E., Shofer, F. S., & Reisner, I. R. (2009). “Retrospective evaluation of the effects of diazepam in dogs with anxiety-related aggression.” Journal of the American Veterinary Medical Association, 234(10), 1421–1426.

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