What kind of animal behavior evidence is needed to substantiate legal arguments?
A.Some States, like California, have statutory strict liability for dog bites. Legally, if the incident happened in a State where dog bite law applies, then the burden lies with the defense to demonstrate the comparitive fault of the plantiff. Forensic evidence to support the occurrence of a bite may come in the form of medical records, photos of the injury, or results from behavioral testing to determine if the dog had the kind of temperament to bite or cause injury to a human. Other circumstantial evidence, such as the context in which the incident happened, is often very useful. Note that in the absence of direct evidence – such as the ability to inspect the dog – circumstantial evidence is a valid and accepted means on which the animal behaviorist can based opinions. In States where recovery is based solely on common law theory, evidence must be presented to demonstrate that the dog was dangerous by nature and that the owner or keeper had full awareness of this behavioral tendency.
