Assuming the incident was a dog-bites-guard as opposed to a guard-bites-dog incident, the question is if this is really a”Important” liability issue. If nothing else, it enables me to speak about 2 of my favorite subjects: puppies and torts.
As many of you know, I’m a dog enthusiast and celebrated the return of puppies into the White House together with Champ and Major. I could never comply with the Trump White House sans dogs.
This is not the first such dog scratching instance. Most recently, the Obama’s dog, Sunny, bit a tourist and really drew blood.
It’s frequently said that the every dog gets one free bite in American torts. On the other hand, that the”one free bite principle” is a generally misunderstood torts doctrine — suggesting that you aren’t subject to strict liability before the first time your dog bites someone. In fact, you are subject to strict liability whenever you understand or have reason to be aware of these vicious propensity of the animal. That can be satisfied by behavior such as regular snapping or competitive behaviour. Really, that has been the proof used in the famous case from San Francisco involving lawyers and puppy owners Marjorie Knoller and Robert Noel. They were found both criminally and civilly accountable after their two Presa Canario dogs killed apartment neighbor Diane Whipple. Many neighbors complained about the dogs, and also the couple endured from a convict. Three times following Whipple’s death, the couple adopted Schneider as their son. The dogs hadn’t bitten anybody but were understood to be competitive.
Major was first adopted in November 2018 in an animal shelter.
Accounts indicate that he has been displaying aggressive behaviour including charging and barking at White House staff and safety. That could negate any requirement for an actual bite since it could be alleged that Major’s vicious propensity is known or should have been known to the Bidens.
Still, the Obama incident was really presented a greater liability issue as it involved a tourist. A worker could file for worker’s compensation but may have waiver issues on bringing an immediate tort action. The safety covers the personal family, including Major, though fortunately non-canine relatives have never been known to bite employees.
Presumably, the Bidens will avoid the scandal of Franklin Delano Roosevelt who accidentally left Fala supporting while visiting the Aleutian Islands. He was accused by Republicans of sending Navy destroyer, at a taxpayer expense of up to $20 million, to retrieve the dog. FDR went people to say that Fala”resented” the disparagement of the standing. It seems that the Biden used traditional ground transportation to take the puppies to their own Delaware Elba.
In the Obama narrative, I was most interested in potential congressional hearings where another Obama dog might flip on Sunny to incriminate him. As Champ, the older puppy, was sent”up the river” with Important and may harbor some bitterness. Yet, I anticipate Champ is likely to stick with his fellow German Shepherd. Besides they are being whisked from the town before any congressional investigators appear with snacks and subpoenas.
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