As a dog behavioral expert witness, I am often asked if inspecting the dog involved in a bite case is necessary. The answer should be determined on a case-by-case basis. the circumstances in some dog bite cases might warrant an inspection andthe results might provide additional information to determine liability.
Dog Expert Opinion
- An inspection is always recommended if the dog is alive and if opposing counsel agrees to make the dog available for inspection. results could possibly support discovery regarding liability that has already been made. Nonetheless, even if the results prove to be of little use, the dog should be inspected by an expert simply because it’s evidence and it usually is beneficial for the expert to examine the evidence on hand without necessarily running any behavioral tests.
- An inspection of the location where the incident happened may be warranted in some cases depending on the circumstances of the incident and fact patterns. for example, Negligence issues in terms of how the dog was contained on the property of the defendant.
In many cases and inspection may not add much what has already been discovered through deposition testimony animal control reports, witness statements etc. This may be especially true in cases where there is conflicting information between parties regarding how the incident happened or the believability of the plaintiff’s version of events. For example, an inspection of the subject dog could help identify whether the attack was whether the dog has any known medical conditions that could be affecting its behavior, or whether the owner acted negligently in the handling of the dog.
It is important to realize that inspections only provide a snapshot in time of the dog’s behavior and therefore in many cases results are unlikely to accurately reflect the dog’s actions or motivational state at the time of the incident. Results from an inspection could result in misleading information which may conflict or support the discovery that has already been collected. [1]The job of the animal behaviorist is help the attorney decide whether inspection is needed and the cost/benefit it would bring to a case.
Footnotes
| ↑1 | The job of the animal behaviorist is help the attorney decide whether inspection is needed and the cost/benefit it would bring to a case. |
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