A local rescue organization tried to save a Pit Bull dog with a history of aggression to fellow dogs. The rescue paid for a professional trainer, who worked with the dog in a kennel environment. The dog’s behavior improved slightly. Yet, the dog still posed a hazard should it come in contact with another dog. Nevertheless, the rescue elected to move the dog from its kennel environment to a foster environment in a condominium complex. Moreover, the rescue organization never provided the foster caretaker specialized training on how to handle an aggressive animal or any aspects related to canine aggression. In addition, they never provided her training on how to fit or operate the Gentle Leader head halter collar that they preferred the caretaker use when walking the animal.
After several days, during a walk the dog escaped the Gentle Leader, most likely because it was fit improperly. Thus, due to lack of training and carelessness on the part of the rescue organization, the caretaker was left with a leash and collar, but no dog. While loose the dog ran more than 50 yards and then attacked a small dog walked by a neighbor. The neighbor attempted to physically remove the Pit Bull from her dog. While doing so she suffered bite wounds that required medical treatment. Fortunately, her dog ran and hid while she held the Pit Bull, whereby her dog did not suffer significant injury. During the process, the caretaker was uninformed regarding how to intervene and only came upon the scene near its conclusion.
The neighbor (Plaintiff) was taken by ambulance to the emergency room. At the emergency room medical staff treated wounds to her hand and forearm, gave her a tetanus shot, and gave her a rabies inoculation that cost over $10,000. She later sued the rescue organization and the caretaker for her medical costs, plus pain and suffering.
The Plaintiff’s attorney contacted CPT to help strategize the case and to submit an expert witness affidavit that strengthened an argument of negligence on the part of the rescue organization. CPT’s report emphasized the organization’s knowledge of the dog’s aggressive propensities, the organization’s failure to train the caretaker in how to manage a dog with an aggressive temperament, the organization’s failure to train the caretaker in the operation of the equipment provided, and in its selection of an inappropriate caretaker for the animal, given that the animal was young and strong, while the caretaker was elderly, suffered from an orthopedic condition, and admittedly had difficulty walking the dog when it pulled. The report provided an incontrovertible conclusion that the rescue organization was negligent, whereby the organization’s insurance company promptly submitted a reasonable settlement offer that satisfied the Plaintiff.
