I previously wrote about the historical and legal perspectives of a biting incident involving one of the presidential pets, Major. Both Biden German Shepherds (Major and Champ) were previously whisked out of town. They were then quietly brought back. Now Major has bitten another person who reportedly required medical attention. In the prior column, I noted that under tort law a dog is afforded (at most) “one free bite” before strict liability applies. Major could now be treated as a known vicious animal for liability purposes.
Major was adopted in November 2018 from an animal shelter.
The latest incident involved a National Park Service employee who was bitten while on the White House South Lawn on Monday afternoon.
First lady Jill Biden’s press secretary Michael LaRosa told CNN: “Yes, Major nipped someone on a walk. Out of an abundance of caution, the individual was seen by WHMU and then returned to work.”
The difference between “nipped” and “bitten” is that you are bitten by other people’s dogs. Your dog however only nips, which is somewhere on the spectrum between a lick and a complete devouring.
As noted earlier, there was always question whether Major was entitled to “one free bite.” 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. Accounts from the prior biting incident 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.
After the prior incident, White House press secretary Jen Psaki called the injury as “minor” and insisted that Major was just “getting acclimated and accustomed to their surroundings and new people.” He was then sent away to Delaware with Champ. It was equivalent of a politician going into “treatment” at the height of a scandal. Major was later returned to the White House but still appears not to have become “acclimated.”
Ordinarily, the victim could easily sue the Bidens, including for strict liability in most states. Indeed, many states now simply apply strict liability or have “hybrid” systems that impose greater liability than the traditional “one free bite” rule. Washington, D.C. is more complex with a number of provisions that could apply. However, the city has laws that impose liability for allowed dogs to run free before an injury. Clearly, that becomes a tad more difficult when a dog is allow to run free on a large government residence like the White House.
Under Section 8-1808 states “No owner of an animal shall allow the animal to go at large.” The term “at large” is defined as in Section 8-1801(a)(1)(A) as “The term ‘animal at large’ means any animal found off the premises of its owner and neither leashed nor otherwise under the immediate control of a person capable of physically restraining it.”
The liability section is found in Section 8-1812 providing “If a dog injures a person while at large, lack of knowledge of the dog’s vicious propensity standing alone shall not absolve the owner from a finding of negligence.”
Complicating this issue is that the bite not only occurred on the grounds of the official residence and within what is federal property.
However, putting aside those distinctions, was Major “at large”? The subsection says that the dog was “off the premises of the owner . . . nor otherwise under the immediate control of a person capable of physically restraining it.” The key issue is the meaning of “nor.” It does not say “or” to clearly mean that you can be liable for either a bite off premises or a bite on the premises when the dog is not under control. That interpretation does not make a lot of sense under this construction. Why specify a bite occurring off the premises if the owner can be liable regardless of the location on the premises? The more natural reading is that the rule does not apply to bites on the premises of an owner. It imposes a strict liability without the need for knowledge (either one prior bite or evidence of a vicious propensity) when the dog is both at large and not leashed or controlled.
The question then becomes if there is any liability for bites on the premises of an owner. Presumably an owner can still be negligent in failing to take reasonable measures to protect licensees or invitees on the property. Thus, the Bidens could still be sued for negligence failure to take reasonable steps after learning of the propensity of Major to bite.
Alternatively, this could be a matter for the Federal Tort Claims Act as a personal injury occurring on federal property. Fortunately, Major is not considered a government official entitled to immunity for discretionary functions, including occasional “nipping” noted by the press secretary.
I hope that Turley will comment about another hound dog named Matt Gaetz, but I would not count on it since he is a favorite of Fox News- Turley’s employer. After his softball interview, Carlson surprisingly threw some shade on him by commenting that it was the weirdest interview he had ever conducted. The Sugar Daddy stated that his Sugar Baby was not 17 which would have exposed him to criminal culpability, but Carlson did not ask the obvious follow-up question- “Well, was she 18?”
Sorry Jeff, waiting on Turley to upset his “Trump Base” just will not happen.
The Biden are being irresponsible. Are they waiting for Major to seriously bite someone, requiring stitches? So far, these appear to be pinches, quick snaps from fear aggression. This isn’t going to go away. It’s going to keep happening until he hurts someone and is put down.
Set dogs up for success. The White House, crowded with strangers coming and going amongst many full times staff is too chaotic for a dog with fear aggression. This isn’t the right environment for Major. They own multiple residences and have many friends. Major needs to go be cared for by someone else, where the Bidens can visit.
They seem to be very cavalier about their dog biting two people within just a few months of arriving at the White House. If Trump had a dog who bit people, it would have been blown up to an international event. The rational response is in the middle – to take this seriously and deal with it firmly. If a dog with fear aggression has to be around people he’s not comfortable with, he has to wear a muzzle. This would be stressful for the dog, who would still experience the anxiety that expresses as a bite. So taking him among others should be minimized.
This seems like a mantra I keep chanting to Biden, but be responsible. Either re-home him, or have someone take care of him at another location, before it’s too late for Major.
I like your post Karen.
I think someone needs to do an intervention & have the totally irresponsible Biden’s surrender up the Sheppards to some family that knows how to show respect to other creatures.
Maybe a small farming/ranching family in a rural area with a few dogs to show them how to rehab/act.
G-night
Biden has always been rotten as all hell that was being managed by the worst kind of trash, like the Chicoms.
But now days it’s very apparent to all he shows all the signs of late stages of Dementia & should be checked into a Hospice for Palliative care.
He can’t think, talk, speak with people, world leaders or voters, can’t even walk, let alone walk up stairs.
Aside all that he & his wife are Rotten Dog Owners!!!
Another sad day for his dogs.
Exclusive Look At Bidens’s Massive Child Trafficking Facility Being Expanded
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Mar 30, 2021
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Southern Border Crisis
Southern Border Crisis
Infowars reporter Owen narrates drone footage captured flying over the Donna, Texas Child Trafficking Center. The FBI has waived background check requirements for workers and foster homes creating a human traffickers dream scenario.
https://banned.video/watch?id=606336b144b87d6cf18fbe3a
Once again, I have to question JT’s judgment in choosing topics.
Biden just nominated 11 judges, maybe he could comment on them.
Or there’s this news –
Katie Benner: “NEW: DOJ is investigating Congressman Matt Gaetz (R-FL) for trafficking, related to his conduct with a 17-yr-old girl. The investigation was opened under AG Bill Barr and briefed to senior Trump DOJ officials. https://www.nytimes.com/2021/03/30/us/politics/matt-gaetz-sex-trafficking-investigation.html“
Gaetz later tweeted “Over the past several weeks my family and I have been victims of an organized criminal extortion involving a former DOJ official seeking $25 million while threatening to smear my name. We have been cooperating with federal authorities in this matter… …and my father has even been wearing a wire at the FBI’s direction to catch these criminals. The planted leak to the FBI tonight was intended to thwart that investigation. No part of the allegations against me are true, and the people pushing these lies are targets……of the ongoing extortion investigation. I demand the DOJ immediately release the tapes, made at their direction, which implicate their former colleague in crimes against me based on false allegations.”
He also says “I have definitely, in my single days, provided for women I’ve dated. You know, I’ve paid for flights, for hotel rooms. I’ve been, you know, generous as a partner.” How old were these “women,” Gaetz?
I wish JT would write about how you idiots are destroying the country by cancelling out my vote with fraud and foreign workers, but it’s not my blog.
Get your own blog.
There’s very little voter fraud, Diogenes, and the perpetrators are often Republicans.
I’ll believe that you truly object to foreign workers when you stop eating produce picked by foreign workers, choose not to see any doctors who were born elsewhere, …
Diogenes,
It seems to me this Anonhole is just another puppet of Commie Dem/Rino American Hating pieces of trash.
This video archive below is available to play 24/7.
**
Breaking: Biden Officially Collapses US Border as part of UN Replacement Migration Plan
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Mar 30, 2021
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Jones breaks down the reports from the southern border of the migrant crisis due to the result of the Biden administration pushing for a surge.
https://banned.video/watch?id=6063b6dcacb01d6f47a93449
Undoubtedly, the victim was Republican.
Dogs are a snapshot of their upbringing environments ; biden has classic inferiority traits, he overcompensated by owning 2 dogs opposite his own weaknesses – – insecure evil narcissistic personalities always try to hide their failures like hunter, his brother, niece, etal.
A dog that bites federal employees. I don’t see the problem here.
Prof. Turley, you mention the owner of the property can become liable. Well, I ask for my fellow citizens as owner of the property that the Bidens are residing in for a short period of time that the dogs be removed before we are sued. I could not understand why they were brought back after a 2-week hiatus. I had a dog who was part German shepherd and he was very protective of my children. He did not like strangers just showing up. The WH is full of a lot of people moving about, coming and going all day and they are all strangers to these dogs.
Biden’s dog was his name.
He rode off with Robert E. Lee!
Each dog learns to bite….
When they get some headway!
Has anyone considered whether Major has reason to be protective in these cases? So many folks react to kill the messenger. What if the dog is the only one paying attention to certain types of security risks?
If the bitten victim was a Federal government employee acting in the course of his job, he would be entitled to Workers Compensation. In many states, the right to receive Workers’ Compensation precludes the right to recover for a negligence cause of action.
Major says the employee called him the N word, so he was entitled to attack her.
The last dog that bit me, I killed it. By shooting it. In the head.
Simpler times, I’ve put down 2 in 60+years. The first i was 16, dad just handed me the rifle and gave me “the look”. Worst thing I had to do at that young age, but I knew what had to be done.
Are you speaking of politicians or bankers? LOL;)
Lie much?
Damn Democrat dogs; you would never find a Republican dog acting this way.
Seriously. Dog is probably not under one person’s supervision and was feeling insecure.
Dogs want to please and if they understand that biting is forbidden and the owner is not threatened, they are usually very good.
However, is they are just “babysat” as opposed to trained, they don’t obey the rules.
Dog is in an environment with a lot of different people, no continuous supervision (by one person that the dog perceives as “master”), and doesn’t know the boundaries, and trouble will result.
Either be a dog owner or give the dog to a good home.
The WH and the Biden family are not good places for an insecure dog.
Riddle: What’s the difference between President Sleepy Joe Biden and Major? Give up? Only one is housebroken. LOL!
I was thinking you don’t need a water hose to get Joe off an intern… of course, I could be wrong about that.
Turley – “After the prior incident, White House press secretary Jen Psaki called the injury as “minor”
That means she wasn’t the person ‘nipped’.
Even the dogs in this administration are lawless.