Children...bah!

[danisgoat]

If the dog bites, the dog bites. That is the important part of that scenario. It doesn't matter if I yell "NO" or "MY DOG BITES" or "CHOCOLATE CAKE", once the dog bites, the deed is done.

You got me curious....so I looked up Maryland Dog Bite Laws. They have a thing called "strict liability" in your state.


The basic rule of liability in Maryland was stated as follows in Herbert v. Ziegler, 216 Md. 212, 139 A.2d 699 (1958):

To hold liable the owner of a domestic animal that has caused injury, the claimant must show that the owner knew, or by the exercise of ordinary and reasonable care should have known, of the inclination or propensity of the animal to do the particular mischief that was the cause of the harm. Twigg v. Ryland, 62 Md. 380, 386 [1884]; and May Co. v. Drury [160 Md. 143, 153 Atl. 61 (1931)], Evans v. Upmier [16 N.W. 2d 6 (Ia. 1944)] and Lynch v. Richardson, [39 N.E. 801 (Mass. 1895)], all supra; Prosser, Page 457} Torts (2d ed.), Sec. 57, pp. 323-325; Restatement, Torts, Sec. 518. Id. at 216.

Therefore, you would be much better off yelling "chocolate cake" when someone comes running at your dog than "my dog bites."

 

[ClantyreSheltie]

You got me curious....so I looked up Maryland Dog Bite Laws. They have a thing called "strict liability" in your state.


The basic rule of liability in Maryland was stated as follows in Herbert v. Ziegler, 216 Md. 212, 139 A.2d 699 (1958):

To hold liable the owner of a domestic animal that has caused injury, the claimant must show that the owner knew, or by the exercise of ordinary and reasonable care should have known, of the inclination or propensity of the animal to do the particular mischief that was the cause of the harm. Twigg v. Ryland, 62 Md. 380, 386 [1884]; and May Co. v. Drury [160 Md. 143, 153 Atl. 61 (1931)], Evans v. Upmier [16 N.W. 2d 6 (Ia. 1944)] and Lynch v. Richardson, [39 N.E. 801 (Mass. 1895)], all supra; Prosser, Page 457} Torts (2d ed.), Sec. 57, pp. 323-325; Restatement, Torts, Sec. 518. Id. at 216.

Therefore, you would be much better off yelling "chocolate cake" when someone comes running at your dog than "my dog bites."

Hmm... That would be an interesting argument to make. All dogs will bite when they reach their limits. I always assume that, especially with dogs I don't know. So I wonder if a proclamation of biting is considered enough evidence to support "inclination or propensity" when the dog in actuality has neither. That will make for excellent dinner conversation at our next family gathering. Thank you!

It all still hinges on actual damage, though. If the dog doesn't actually bite anyone, then it's all a moot point. We are all pretty bright though, in having dogs with long tempers (compared to some other breeds), and if worst comes to worse, we can pick our dogs up and away from the problem.

However, the idea of yelling "CHOCOLATE CAKE" at a small child and watching them stop dead and say "where?" is hilarious.

 

[danisgoat]

However, the idea of yelling "CHOCOLATE CAKE" at a small child and watching them stop dead and say "where?" is hilarious.

LOL...I agree. It would be funny if we all start yelling "chocolate cake" when a child comes running. I know it would make mine stop dead in their tracks

This is all very interesting to me, as well. Especially since I have lots of family in MD....and one family member in MD owns a business with BCs.

It will be an interesting family dinner conversation for me as well, and I thank-you for that

 

[mbfrench]

And I have to disagree,with telling a child that a dog bites.I see it time and again here,especially so with black families that have children.That may sound terrible to say,but alot of black families condition thier children,that EVERY dog is a mean dog,and it bites.

We have taken Earnhardt since a very young age,and also the two shelties out in public,in very populated places.This includes shopping stores,grocery,flea markets.I cannot tell you how many times we have encountered a black family,with young children that will go out of thier way,to a farther entrance to avoid Earnhardt especially.And usually always muttering something rude,like "look at that big mean dog,no you can't go near it".And they say it loud enough that I can hear it. I ask myself..Why?


In the may times,we have been approached by a young child,and most often it is a white family,I offer them(or the child) a treat,and I tell them Earnhardt is very friendly.Why on earth would I have him in a public place if he was mean for heavens sake.I have more sense than that.

So the visit proceeds,with the child or adult offering a treat or two,and Earnhardt always is a gentleman.He always lays down,and the child is allowed to pet him.I do not let them touch his head,I tell them it is much better to offer the treat with the hand opened,and as you are feeding him,just stroke him gently under his chin.And talk to him.In minutes,if the parent is patient,and sometimes they are not,and will wisk the child to be on thier way,but other times,it is a nice visit,and they are having a great time.

Yes,Earnhardt is big,but not in the least way mean or vicious.I just think it is poor judgement to tell a child that a dog bites.

My daughter in law,grew up without a pet in the family.She never knew what having a pet would be like until she married Eric.And to be honest,she did not know how to even act around a dog or a cat.

But after a year of being married to Eric,they brought home thier first pet.Lynn will tell you today,that she feels she missed out on alot,not having a dog,or a pet.And her parents just instilled the thought that dogs in particular were mean.To me thats a shame.To deny a child the love,or the capabilities to even interact with a dog or cat.

As far as Trapp,he is not shy one bit upon being introduced to a stranger.Jasper will shy away a bit at first,but always in a few minutes is walking towards the stranger or child.It just takes a little bit more convincing on my part.

Sorry for the rant,but it struck a cord with me,as I see this behavior with parents way more than I really care to.

 

[ClantyreSheltie]

Sorry for the rant,but it struck a cord with me,as I see this behavior with parents way more than I really care to.

My best friend from high school had a daughter that got attacked by the neighbors dog when she was three or four. To this day, the kid is petrified of dogs. I have, multiple times, offered her my dog who LOVES kids to try to help her get over it. He would just lay there and let her do whatever to him (he would be great in hospitals or as a reading dog). My friend has refused me every time, and she continues to have a kid that screams and runs from dogs of any kind. It frustrates me, because Marque could help her get over the fear, but I think my friend assumes if the kid never approaches a dog, nothing bad will happen. I keep telling her that a child running in fear is a great game to a dog.

 

[danisgoat]

My best friend from high school had a daughter that got attacked by the neighbors dog when she was three or four. To this day, the kid is petrified of dogs. I have, multiple times, offered her my dog who LOVES kids to try to help her get over it. He would just lay there and let her do whatever to him (he would be great in hospitals or as a reading dog). My friend has refused me every time, and she continues to have a kid that screams and runs from dogs of any kind. It frustrates me, because Marque could help her get over the fear, but I think my friend assumes if the kid never approaches a dog, nothing bad will happen. I keep telling her that a child running in fear is a great game to a dog.

Oh boy....don't get me started on the kid running and screaming away.

I don't have a pet peeve with kids running towards my dogs....I have a pet peeve with kids running away and screaming, lol.

Over and over I have explained to parents that by running and screaming you are not only drawing the attention of mean dogs, but really nice dogs too. You are welcoming them all. Any dog that sees a kids running and screaming is gonna want to do one of three things...run it down as prey, find out what is wrong with the child by catching up to it, or herd the kid back to the parent. Grrr.....

Do they get it...NO. I tell the kids, the best thing to do is ignore the dog. Now, if kids come over and they run and scream, I explain not to do it and the reasons why. I call my dog over to me. The next time they run and scream and my dogs chase after them....I let the dogs do their stuff. My dogs love kids and just want to run and play with them. I am confident that they are not going to hurt the kid. In my opinion, if the kid is not going to listen, they deserve to have the crap scared out of them. UGH. This happened two weeks ago, and I stood there and said to the parent and the kid....see? I wasn't kidding, the dogs think you are playing with them.

There is my rant

 

[Kelly]

And I have to disagree,with telling a child that a dog bites.I see it time and again here,especially so with black families that have children.That may sound terrible to say,but alot of black families condition thier children,that EVERY dog is a mean dog,and it bites.

Um...I suspect (& hope) that not all forum members white.

I'd be VERY careful in generalizing any race & would appreciate it if everyone would be conscious to not do it here.

 

[JessicaR]

I think a lot of the times parents are even more clueless than kids. Last year during my sons 4-h show, which is held during the county fair, we were cleaning up the building since the show was over. A woman and her 2 kids decided to start petting the dogs that were in there crates while the kids and parents were on the other side of the building sweeping up the fur. I happened to be going to the side the dogs were on to make sure that area was finished when they were sticking there fingers in the crates of my dogs and the one girl was about to stick her fingeres in the crate of another kids briard that is not so friendly while in his crate, and was barking and growling. My dogs I wasnt worried about I knew they wouldnt bite, but i really loudly yelled stop. Which luckly the little girl listened. I explained to her that she should never pet a dog without permission from the owner and that you should never stick your fingers in a dogs crate. THe mom's comment was "I assumed since these were 4-h dogs they were all friendly and wouldnt bite." I had to expain to her that even though these dogs are used in 4-h. they are still dogs and can bite, that while most of the dogs are friendly some dont like their territory to invaded and plus with the heat and stress of showing it can cause a dog to bite. I got my dog out and showed them the proper way to approach a dog and to ask permission first.

I honestly have more problems with adults than i do kids. I have always taken my dogs to school and parks, and 9 times out of 10 the kids ask to pet the dogs, the adults dont. I think thats why I like kids, they are willing to learn, adults not so much.

 

[mbfrench]

Um...I suspect (& hope) that not all forum members white.

I'd be VERY careful in generalizing any race & would appreciate it if everyone would be conscious to not do it here.

Well do accept my apology,but certainly was'nt out to hurt anyones feelings.I was making a statement as to our community here where we live.

could have worded it differantly,will certainly keep your comment in mind.

 

[BarbV]

Worse case scenario:
You call out "my dogs bite"
Your dog actually does bite someone.

In NC, you would then
1. Lose your dog. Really. You KNEW it was dangerous and you took it out without a muzzle and someone got hurt. They will confiscate your dog, and its the end of the road for Fido.
2. Incur a hefty fine.

.

That's where I was going but I didn't complete my thought. You said it much better than I did.