The Biden German Shepherds have been sent back to Delaware after “Major” was involved in a “biting incident” with a White House security officer. Assuming the incident was a dog-bites-guard rather than a guard-bites-dog incident, the question is whether this is a “Major” liability concern. If nothing else, it allows me to talk about two of my favorite subjects: dogs and torts.
As many of you know, I am a dog fanatic and celebrated the return of dogs to the White House with Champ and Major. I could never abide the Trump White House sans dogs.
This is not the first such dog biting case. Most recently, the Obama’s dog, Sunny, bit a tourist and actually drew blood.
It is often said the every dog gets one free bite in American torts. However, the “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone. In fact, you are subject to strict liability whenever you know or have reason to know of the vicious propensity of your animal. That can be satisfied by conduct such as frequent snapping or aggressive behavior. Indeed, that was the evidence used in the famous case from San Francisco involving lawyers and dog owners Marjorie Knoller and Robert Noel. They were found both criminally and civilly liable after their two Presa Canario dogs killed apartment neighbor Diane Whipple. Various neighbors complained about the dogs, which the couple inherited from a convict. Paul “Cornfed” Schneider is a reputed member of the Aryan Brotherhood and was planning a guard-dog business to be called “Dog-O-War.” Three days after Whipple’s death, the couple adopted Schneider as their son. The dogs had not bitten anyone but were known to be aggressive.
Major was adopted in November 2018 from an animal shelter.
Accounts indicate that he has been displaying aggressive behavior including barking and charging at White House staff and security. That could negate any need for an actual bite since it could be alleged that Major’s vicious propensity was known or should have been known to the Bidens.
Still, the Obama incident was actually presented a greater liability issue since it involved a tourist. An employee could file for worker’s compensation but may have waiver issues on bringing a direct tort action. The security covers the personal family, including Major, though fortunately non-canine family members have not been known to bite staff.
Presumably, the Bidens will avoid the scandal of Franklin Delano Roosevelt who accidentally left Fala behind while visiting the Aleutian Islands. He was accused by Republicans of sending a Navy destroyer, at a taxpayer expense of up to $20 million, to retrieve the dog. FDR went public to say that Fala “resented” the disparagement of his reputation. It appears that the Biden used conventional ground transportation to take the dogs to their Delaware Elba.
In the Obama story, I was most interested in possible congressional hearings where the other Obama dog might flip on Sunny to incriminate him. Since Champ, the older dog, was sent “up the river” with Major and could harbor some resentment. Yet, I expect Champ is likely to stick with his fellow German Shepherd. (A Bichon Frise would likely turn in a nanosecond). Besides they are both being whisked out of town before any congressional investigators show up with treats and subpoenas.
Woof Woof Arf Arf. That breed is generally not that aggressive General ally speaking. has to be trained that way.
I love the German shepherd but they actually have a reputation as biters. Champ is a handsome dog. He will be happier somewhere else. Sal.
Presidential Dogs Names: —— President Washington had a Drunk, a Taster (you know for poisoned food of course), a Captain for the ship we sailed in on, and of course a Searcher to find his way back to his Mountain. President Grant had Faithful just to remind himself of how Faithful he was to his Country, President Harding had Rob Roy as he drank too much, President Coolidge well he just couldn’t make up his mind, President FDR had Winks because he seldom told the truth, President Kennedy was compromised by the Russians, President Nixon had Checkers because that’s what he played with the Chinese, President Ford had Liberty to remind him why he pardoned Nixon, President Carter had Grits because that’s what he ate for breakfast, President Reagan had Lucky because he escaped Hollywood Liberals, President Clinton couldn’t think of anything but himself (Buddy), President GW Bush had Barney to remind him of how much he was like the Barney on the Andy Griffith Show, President Obama had Bo short for Bro, and President Biden has Champ and Major as a daily reminder of how great he thinks he is. ——–THE NAMES {George Washington: Drunkard, Mopsey, Taster, Cloe,Tipsy, Tipler, Forester, Captain, Lady Rover, Vulcan, Sweetlips, Searcher, ——-John Adams: Juno, Satan, ——John Tyler: Le Beau —–James Buchanan: Lara —-Ulysses Grant: Faithful—–Rutherford Hayes: Hecto, Nelli, Duke —–James Garfield: Veto ——Theodore Roosevelt: Pete, Sailor, Boy, Jack, Skip, Manchu—Warren Harding: Laddie Boy, Old Boy —-Calvin Coolidge: Peter Pan, Paul Pry (originally Laddie Buck) Rob Roy, (originally Oshkosh) ,Calamity Jane ,Tiny Tim ,Blackberry ,Ruby Rough ,Boston Beans ,King Kole, Bessie, Palo Alto—– Herbert Hoover: King Tut, Pat, Big Ben ,Sonnie , Glen, Yukon, Patrick, Eaglehurst, Gillette, Weejie —– Franklin Delano Roosevelt: Major, Meggie, Winks, Tiny, President, Fala, Manchu, Blaze —–Harry Truman: Mike, Feller —– Dwight D. Eisenhower: Heidi —– John F. Kennedy: Charlie, Pushinka (a gift from Nikita Khrushchev) (first Russian Spy), Shannon, Wolf, Clipper, Butterfly (Pushinka and Charlie’s pup) (KGB), White Tips (Pushinka and Charlie’s pup)(KGB), Streaker (Pushinka and Charlie’s pup) (KGB)—– Lyndon B. Johnson: Beagle, Little Beagle, Him, Her, Blanco, Yuki —– Richard Nixon: Checkers, Vicky, Pasha, King Timahoe —– Gerald Ford: Liberty —— Jimmy Carter: Grits —— Ronald Reagan: Lucky, Rex —— George H.W. Bush: Millie, Ranger ——Bill Clinton: Buddy —– George W. Bush: Barney, Spot, Miss Beazley —– Barack Obama: Bo, Sunny —— Joe Biden: Champ, Major.} WHAT OTHER HUMDRUM MATTER IS MORE IMPORTANT THAN A DOG BITING, IF HE WAS BITING AT THE HEELS OF THE FALSE BANAL STATEMENTS COMING FROM THE WHITE HOUSE WELL THEN?
This is not a tort matter because workers compensation is the exclusive remedy for a workplace injury, which this is. I don’t entirely agree with your analysis about vicious propensities based on prior aggressive behavior. It entirely depends on context. Just because a dog barks when a stranger enters the family domain, that’s not evidence of vicious propensities. On the other hand, if someone were slapping around a child or yelling, threatening and/or behaving aggressively toward a member of the dog’s immediate family and the dog tried to defend the family member by growling, snapping or charging towards the aggressor, that’s not evidence of a vicious propensity. Dogs are protective towards their family members, especially those of the bully breeds, like pit bulls. But, if the mailman merely entered the property and the dog charged without provocation, that would be evidence of a vicious propensity. In fact, the post office can require you to come to a branch office to get your mail if you have around a dog that either attacks or tries to attack a letter carrier.
‘There’s a dark side to this story: Biden’s family encouraged the dogs to attack a Trump doll, and then one of them attacked a person. They thought it was funny at the time, which is why they posted it on IG.’ @joelpollak
https://www.breitbart.com/politics/2021/03/08/biden-dog-bit-white-house-security-moved-delaware/
“Breitbart News reported in December, before Biden was inaugurated, the Instagram account first_dogs_usa had posted several photos of the Biden dogs playing with chew toys, claiming Naomi Biden, Joe Biden’s granddaughter, took them.
The post said:
“I hope you’ll enjoy these pics of me, Champ & Charlie First Grandpupper. @NaomiBiden took these during our #TugOfWar match. Champ was the champion – some names are predestined. Just like winning, in a landslide, by a record number of votes.”
(The chew toy was a Trump doll. Haha so funny.)
Dogs are laughing at their lonely heart human slaves, picking up their refuse of these worm ridden, genital licking, carnivores.
“It appears that the Biden used conventional ground transportation to take the dogs to their Delaware Elba.”
Mitt Romney’s dog could not be reached for comment.
“However, the “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone. In fact, you are subject to strict liability whenever you know or have reason to know of the vicious propensity of your animal.”
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Also as a dog owner, you are charged with knowledge of the violent propensities of the BREED of the dog regardless of whether it has bitten anyone or not. For a while, Allstate and currently Farmers Insurance refused/refuses to insure homeowners with pitbulls for this reason.
That pit bulls or Staffordshire terriers have inherent violent propensities is nothing but an old wives’ tale, but insurance companies like to find any excuse to jack up premiums or deny coverage. “Petey”, the Little Rascals’ dog, was a pit bull, and so was Buster Brown’s grinning dog. My pitty will give you the cutest toothy smile when you rub her belly. She turns up the corners of her mouth just like Buster Brown’s dog. It all has to do with how the animal was raised and handled, and mine was a rescue from the local shelter, having been confiscated from criminals who neglected and abused her. We thought she might lose part of her tail that got frozen, plus she has what looks like cigarette burns that never fully covered over with fur, along with other areas on her legs where her fur won’t grow. In fact, she came with a disclaimer and warning that turned out to be totally unnecessary because she’s such a sweetie. Drug dealers believe the old wives’ tale and abuse pit bulls, Staffordshires, Dobermans and Rottweilers with the intention of making them vicious as a threat to customers and rivals, and that’s part of the problem. The most-vicious breed of dog is the Chow Chow (sorry, Martha Stewart). I’ve known people who have little dogs that are total A-holes, so the problem is the owners, not the dog.
I imagine maintaining Natacha in your home is another uninsurable risk.
“It is often said the every dog gets one free bite in American torts.”
Awesome. I think learning this legal tidbit seriously made my day. Thanks, Jon. Also learning that a Bichon Frise would turn in a second. This is totally the content I’m here for!
Elvis Bug
though fortunately non-canine family members have not been known to bite staff.
I’m remembering that Gary Aldrich said that as far as he could tell, Chelsea Clinton was an ordinary teenager (bar when she told a Secret Service agent he was her ‘personally trained pig’). You wouldn’t know it to read the press clippings about her.
I tend to think substantial dogs are appropriate for the countryside or for suburban developments with big lawns or nearby parks. Denser developments suggest either dogs of modest size like Corgis or Schipperkes. Of course, cats are best in any milieu.
Art,
That’s good advice.
A nice size acreage, a good fence & signs.
The trees here also seem to keep the dogs more relaxed. And then there’s the big land mines the dogs leave. At least Shepherds are smart enough to dog as far away from the house to do their biz.
Some freak out about the signs. I check with the state. That’s the warning he/they gave me. Beware of Dog & No Trespassing.
The Beware of Dog sign does not say Beware of Bad Dog.
I think it’s still law in Oklahoma it’s illegal to trespass on anyone’s property without written permission.
Was it just Major giving the security guard an old style type of a Vaccine?
Was the guard afraid of dogs or abusing/teasing the dog?
At worst the dog just gave the guard a friendly teethy hug.
I have 2 G Shepherds, one of which looks very close to Major.
I’ve long thought a lot of people are to irresponsible to own & protect the dog’s interest, especially GS. I was concerned for those Biden dogs well being as soon as I saw they had them.
Now it seems my concerns are justified as the Bidens can’t even protect their dogs let alone Secure the Citizens of the US.
1st the Commie/Fascist came after Robert E Lee’s Battle Flag. Then they came after Jefferson & Washington’s Statues……….etc., etc….
Then they came after The Cat in the Hat, Speedy Gonzales, Pepe’ La Pew.
Now those Ph’in Commie/Nazis are after Muttly, Underdog & their German Shepherd Friends!!
Have you Evil B*stards No Shame?
I was busy yesterday & I was bothered a bit when I heard on a radio that they reported Major may have nipped at a Secret Service Officer & not just some Pinkerton guard as I thought P Turley was suggesting.
No disrespect meant to anyone & I need to be more careful as to those who might see a few of my comments as inflammatory.
JT: “The Biden German Shepherds have been sent back to Delaware after “Major” was involved in a “biting incident” with a White House security officer. Assuming the incident was a dog-bites-guard rather than a guard-bites-dog incident, the question is whether this is a “Major” liability concern.”
If you pull a dog’s tail while you’re in the shower, it will become aggressive.
Trump wasn’t so stupid after all, not having a canine companion that could cause even more grief than he regularly received
every day.
“Fortunately non-canine family members have not been known to bite staff.”
Uh, that’s not a mask on Joe’s face. It’s a dog muzzle to protect pony soldiers.
Major is going to bite our staff? Come on, man. They’re not bad dogs, folks.
The “one bite rule” in the neighborhood I grew up in was, “If your dog bites me, I kill the dog”.
That rule cut way down on dog bites.
A dog is always a reflection of its owner. Most people should not own dogs, because they have no idea how to raise them properly.
All I need to see to know that a dog has been improperly raised is if the dog is leading its master while walking. If the dog is walking in front of its owner then the dog thinks it is alpha. So as far as the dog is concerned, it’s the Boss.
As a dog fanatic myself I don’t believe in bad dogs —- just bad owners. As for the Bichon Frise, if I owned one I would name it Wheels. Think about it.
As the White House is the “People’s House” and the Bidens are merely squatters paying no rent….do they have any legal standing re it being considered their “home” especially in light of the many challenges to their legal right to occupy the premises?
one bite rule…if the dog bites the second time the dog gets put down…all dogs around humans are required by law to be on a leach…except on your private property.