Dog is man’s best friend
But when it bites a lawsuit will be penned
This can mean a lot to spend
So the dog will ask its insurer to defend
And also pay for the victim to mend
But what if Fido did expect or intend?

Like so many of us, I love dogs. I own two. And like so many dog lovers, I will be glued to the television on Monday and Tuesday nights of this week watching the 138th annual Westminster Kennel Club Dog Show live from Madison Square Garden. And Petunia and Barney will be right there next to me on the sofa. You can be sure that some wagering will be going on. So there will be screaming and barking at the TV in an effort to influence the judges’ decisions. I attended Westminster a few years ago. If you love dogs it is well worth the trip. What could be better than a day spent walking amongst 3,000 champion dogs of every breed. You just aren’t going to see too many Dandie Dinmont Terriers or Norwegian Buhunds at the dog park. Westminster provides a rare opportunity to see so many unique breeds up close and personal.

But as much as dogs are one of life’s greatest pleasures, it can’t be ignored that they are not without some danger. Dogs sometimes bite people. Putting aside who’s at fault -- there could be a hundred reasons why a dog bites someone – bites are an inherent risk of being around dogs. There are millions of dogs in this country. So while bites are rare and most dogs never hurt anyone, the sheer number of dogs necessarily leads to a lot of bites. And in this country that translates into a lot of litigation involving damages sought for injuries that dog bites cause.

Based on my research, the earliest reported decision, involving litigation for injury caused by a dog bite, is Hall v. Hall, 3 Conn. 308 (1820). The issue before the court nearly 200 years ago was procedural -- addressing the court’s appointment of referees to hear the dispute. As for the substantive aspect of the case, the plaintiff had been bitten by the defendant’s dog and was awarded $175 for injuries sustained.

Connecticut should take credit for this source of pride on its license plates. North Carolina’s plates announce “First in Flight.” Connecticut’s could boast “First in Bite.”

In addition to the significant amount of litigation involving damages for injuries caused by dog bites, there is also a lot of litigation over the availability of insurance coverage for such incidents. Funny how that works. Not to mention that there is a smorgasbord of ways in which insurers offer coverage for dog bites under homeowner’s policies.

Coverage Opinions couldn’t let Westminster go by this week without giving some nod to it. Something had to be done with dogs and cases involving liability or coverage issues. But with so many dog bite cases – liability and coverage -- arising in so many different ways, it was an overwhelming task to find a specific focus to chew on.

I settled on this. Since the article is being written to acknowledge the happening of the nation’s most famous dog show, it made sense to examine litigation involving show dogs that have taken a bite out of someone. On one hand, show dogs surely have great temperament. After all, they are used to being around a lot of people and other dogs, not to mention being poked and prodded as their handlers and the judges do. And dogs that use hair dryers and have their nails manicured can’t be that tough.

But, after a while, these pooches may start to lose their patience with all that priming and strangers petting their heads – not to mention speaking to them in baby talk. And when they reach the end of their leash they may decide to make their displeasure known to whomever the unlucky person is that happens to be in the wrong place at the wrong time.

With 3,000 dogs crammed into Madison Square Garden (it’s very crowded) – and in a “benched show” set-up, where the public can interact with the dogs – surely there is some risk for attendees, or others associated with the show, to be bitten. I reached out to the venerable Westminster Kennel Club to see how they handle this liability exposure. I inquired whether Westminster maintains liability insurance for any injuries caused by a competitor? Does the Kennel Club require proof of liability insurance from each owner as part of the entrance process? Have there been any instances of dog bites in the past? If so, how frequent is it? [Obligations on dog owners to indemnify Westminster, and name it as an additional insured, could also be considerations here – but I wanted to keep it simple and focus on the basics.]

In any event, it didn’t matter if I kept my questions simple or not, as I did not receive a response from the Westminster folks. Perhaps they were too busy. Perhaps insurance newsletters aren’t top dog for their attention. Perhaps they prefer to focus on more positive aspects of the show. Probably a combination of all three.

It turns out that, just because show dogs probably get made fun of at the dog park, and have their lunch money stolen, some have a toughness behind their cucumber facemask. Consider the following reported decisions involving show dogs that have not been worthy of any blue ribbons.

Splain v. Eastern Dog Club, 28 N.E.2d 450 (Mass. 1940) -- Plaintiff, attending a dog show to show his dog, was bitten by a competitor. (“Doubtless the defendant [dog club] should have foreseen and guarded against any probable harmful consequences of the presence of many dogs at the show of dogs [sic] being confined to benches or stalls for considerable periods and of exhibitors passing through aisles with dogs. But we think that, even in the circumstances of a dog show, it could not rightly have been found that the injury to the plaintiff in its general nature was a probable consequence of the failure of the defendant to take precautions, by providing attendants or otherwise, to prevent a dog on exhibition from remaining in the aisle for a period of five or ten minutes, when held by the person in charge of it by a chain or leash, or to guard against such dog--having no dangerous propensities known, or that should have been known--biting an exhibitor passing through the aisle with another dog.”).

Adkins v. Fireman’s Fund Ins. Co., 313 So. 2d 328 (La. Ct. App. 1975) - Serious injuries were sustained by a three year old who was bitten by a Weimaraner at a dog show. (“While it is true that the rules for the dog show were very loose and there was apparently no control to keep a vicious dog from being entered in the dog competition, we see no way that even if very strict rules had been adopted by the Fair that the dog in question would have been excluded from the show. Although he is a big dog, he appears to have been gentle and well trained.”).

Mieloch v. Country Mutual Ins. Co., 628 N.W.2d 439 (Wis. Ct. App. 2001) -- Kodak, an Akita, bit its professional trainer, causing injuries. (“[W]e conclude that because the [dog trainers] were already aware of the Meyer incident [Kodak snapping at another dog trainer four months earlier] prior to taking control of Kodak, the [owner] had no duty to warn them of that event. Further, we conclude that Kodak’s propensities towards other dogs are not material to Kodak’s propensities towards dog handlers, that the behavior of other dogs in linear kinship to Kodak cannot be imputed to Kodak [Kodak’s father and grandmother had bitten people], and that these contentions are not material to a duty to warn on the part of the [owner].”).

Burke v. Migday, 2001 WL 950915 (Mass. Super. Ct. Aug. 20, 2001) – A professional dog handler was bit in the face by Carlton, a Bullmastiff, after she opened his cage to say goodbye to him after a dog show. (The dog handler’s case against the dog owners for damages involved jurisdiction and choice of law issues.).

Wolf v. Bakert, 808 N.Y.S.2d 921 (Sup. Ct. 2005) – A twelve year old boy required fourteen stitches to the face after being bitten by Kirby, a Chow, at a dog show. (Trial needed to determine the facts that led to the incident. Dog owners alleged that Kirby was accustomed to being handled as he had participated in more than 240 shows. Owners alleged that Kirby was on a leash and lying down when the boy jumped on him.).

Tatman v. Space Coast Kennel Club, 27 So. 3d 108 (Fla. Ct. App. 2009) - A dog owner, in attendance at a dog show, was injured when bit by a competitor, Eli, an Akita, who was on a leash and being held by a professional dog trainer. (The court held that the exculpatory clause on the entrance form for the injured person’s dog did not apply to preclude her claim.).

In general, dog bite cases, like dogs, come in every shape and size. Their outcomes vary from state to state and they are fact dependent. The same can be said for those cases that involve show dogs. There are no bright lines. A lot of dog bite cases are brought. It is up to courts to decide which are more bark than, well, you know.