As a dog behavior expert witness, I am often asked whether it is necessary to inspect the dog involved in a bite case.
The answer depends on the specific facts of each case. An inspection may be worthwhile when it can add to—or challenge—evidence already gathered through discovery. For example, if a dog owner testifies that their dog has never chased a bicyclist, but during a properly conducted inspection the dog immediately chases and harasses a person riding a bike, that observation may be highly relevant.
A dog bite/behavioral inspection of the dog involved in the biting incident may be warranted in some cases depending on the circumstances and fact patterns.
When an Inspection May Be Appropriate
- The dog is alive and available. An inspection is usually recommended if the animal can be safely presented and opposing counsel agrees.
- The dog itself is key evidence. Even if the inspection produces little new information, failing to examine the dog may reflect poorly on the thoroughness of the expert.
- Conflicting accounts exist. When experts disagree on how the incident occurred, an inspection might help clarify matters.
- The location matters. Visiting the scene may shed light on issues such as how the dog was confined or whether property conditions contributed to the incident.
When an Inspection May Not Be Necessary
- Discovery is sufficient. If deposition testimony, witness statements, photographs, and animal control reports already provide conclusive evidence regarding liability, an inspection may not add value.
- An inspection is only a snapshot in time. An inspection shows only a snapshot of behavior at a later time. It may not reflect the dog’s state of mind or its motivations and actions at the time of the bite. In fact, results could be misleading or conflict with existing evidence.
- Time lapse. The longer the gap between the incident and inspection, the more likely the dog’s temperament has changed due to age, health, or environment.
The Expert’s Role
The animal behaviorist’s job is to advise counsel on whether an inspection is worth the effort and cost. Each case must be considered individually, weighing the potential benefits of inspection against the possibility of little or misleading information.
