Uniting for Safety: Bridging the Divide on Dog Attack Liability

How Collaboration Between Animal Welfare Advocates and Legal Experts Can Mitigate Risks and Protect Communities

In the ongoing debate over liability for dog attacks, I appreciate Merritt Clifton's recent articles on Animals 24-7 for elevating this important topic.  Clifton’s tone, however, suggests that he was also attempting to provoke a quarrel between Beverly Hills attorney Kenneth Phillips and myself.  After a productive discussion with Mr. Phillips, we found that we share a common goal: prioritizing public safety by mitigating the risks associated with dog attacks. While Clifton uses Animals 24-7 to promote his uncompromising stance on pit bulls, Phillips and I agree that protecting people and ensuring a safe and humane community is paramount.

This should come as no surprise, although Clifton buried Phillips’ acknowledgment near the end of his second article, making it easy to miss that “Boks’ recommendations are not inconsistent with mine.”

Clifton’s provocation appears to have two main objectives: to discredit my record and to dismiss my recommendations as passé.

While it may be tempting to trade criticisms with Clifton, I refuse to engage in disputes about either his or my record.  However, I must address his dismissal of my recommendations as “already long been done.”  Although many of these recommendations may have been proposed and even implemented before, the issue lies in their inconsistent and incomplete implementation today.

The current liability issues exist because these best practices have not been universally and consistently adopted across all shelters. This is why my proposals include a call for a respected organization, like the Association for Animal Welfare Advancement (AAWA), to serve as the coordinating clearinghouse for this effort. The goal is to ensure that these practices are standardized and rigorously followed to mitigate risks effectively.

Areas of Agreement: Mitigating Risks

Comprehensive Behavioral Assessments:

• Agreement: Phillips and I both emphasize the importance of identifying potentially dangerous dogs before they are rehomed.

• Implementation: Shelters should adopt standardized protocols for behavior evaluation. Transparency in evaluations will educate potential adopters on the risks and liabilities, and explain why some dogs may not be available for adoption.

Robust Training Programs:

• Agreement: We agree on the need for extensive training for shelter staff and volunteers to manage potentially dangerous dogs.

• Implementation: Regular training sessions on best practices for handling and assessing dogs, recognizing signs of aggression, and mitigating risks.

Consideration for Shelters:

• Agreement: Insurance companies should recognize and support shelters that adhere to best practices by offering favorable insurance terms and providing risk management resources to encourage systemic adherence.

• Implementation: Shelters should document their adherence to best practices and seek legal protections, influencing insurability and reducing liability risks.

Addressing Breed-Specific Issues:

• Agreement: We acknowledge the significant role that pit bulls play in the liability crisis, as data shows they are disproportionately involved in severe dog bite incidents.

• Implementation: Shelters should implement breed-specific strategies, including responsible breeding practices, enhanced socialization, targeted spay/neuter initiatives, responsible adoption counseling, and euthanasia when necessary to ensure public safety.

Prioritizing Victims' Rights:

• Agreement: Phillips emphasizes the importance of prioritizing dog attack victims' rights, which I fully support.

• Implementation: Shelters must ensure they can manage the liability associated with each dog and effectively transfer that liability to adopters. Once this is established, shelters can, in good faith, support strict liability laws that hold dog owners accountable, ensuring victims can seek compensation and public safety is prioritized.

Collaborate with Stakeholders: 

• Agreement: Foster collaboration between animal welfare organizations, legal entities, and the community to develop comprehensive solutions that prioritize public safety while safeguarding animal welfare and the rights of responsible pet owners.

• Implementation:  Assemble a community Task Force to develop and implement public safety and animal welfare policies and procedures. An organization like AAWA could also establish a national Task Force to take on this challenge.

Promote Public Education: 

• Agreement:  Educate the public about responsible pet ownership, liability, and the importance of adopting from shelters that follow best practices.

• Implementation: Develop ongoing training and educational programs to be promoted online, at conferences, public meetings, seminars, and through other channels. Ensure the program has measurable outcomes to keep the public informed.

Addressing Differing Perspectives on Strict Liability Laws

While Kenneth Phillips and I share many common goals, we have differing views on the impact of strict liability laws on shelters. I have expressed concerns that these laws can sometimes lead to frivolous claims, making it difficult for some shelters to obtain liability insurance. Phillips, a prominent attorney, argues that strict liability laws are essential for protecting victims and do not necessarily lead to insurance issues for shelters.

Despite this difference, we both agree on the solution to the liability issue: the need for shelters to adopt best practices to minimize risks. Our shared goal remains to prioritize public safety and ensure that shelters can operate effectively and humanely while protecting both animals and the community.

Conclusion: A Unified Path Forward

Our recommendations for comprehensive behavioral assessments, robust training programs, insurance considerations for shelters, addressing breed-specific issues, and prioritizing victims' rights are practical and aimed at ensuring public safety and animal welfare are not mutually exclusive but rather complementary objectives.

By fostering collaboration among animal welfare organizations, legal entities, and the community, and by adopting standardized best practices, we can create a safer environment for both humans and animals. Let us work together to implement these solutions, ensuring that our shelters are safe, humane, and effective in protecting both animals and the public. Through unity and commitment, we can achieve a harmonious balance that benefits society as a whole.

Ed Boks is a former Executive Director of the New York City, Los Angeles, and Maricopa County Animal Care & Control Departments. He is available for consultations. His work has been published in the LA Times, New York Times, Newsweek, Real Clear Policy, Sentient Media, and now on Animal Politics with Ed Boks.