Animal behavior perspective on risk factors for dog aggression

Animal behaviorists who serve as expert witnesses in dog bite cases know that in some cases, there may be a need for their expertise to assess the foreseeability of any given incident. Foreseeability is a legal term; its equivalent animal behavior meaning is predictability. Predictability is a concept in animal behavior science; therefore, it is relevant for analyzing dog behavior in legal cases.

From a legal perspective, foreseeability refers to how a dog would predictably behave in certain circumstances. Hence, if it can be proven that the defendant dog owner should have known or must have known about the likelihood of their dog’s behavior in a given set of circumstances, then this will likely prove useful for the plaintiff. On the other hand, lacking such knowledge would likely benefit the defendant.

A recent peer-reviewed study has relevance for foreseeability in dog bite cases. The study identifies factors that may put a dog at risk of biting a human. Findings in this paper have a bearing on animal behavior factors that might prove that the defendant dog owner should have known or did not know about the foreseeability of the incident. ^[1]Risk factors for human-directed aggression by dogs: The human side of the problem. A two-part systematic review and narrative synthesis. Howell, H. et al. Applied Animal Behavior Science, 2025, Vol. … Continue reading

Animal behavior and foreseeability of dog bites

When I am retained as an animal behavior expert, whether for the plaintiff or defense, I look for animal behavior evidence suggesting that the dog in question was a danger and a risk to public safety and if this danger was foreseeable. If foreseeability can be established, then it may support arguments about negligence and provocation. ^[2]An owner’s duty of care can be established through foreseeability. If the owner failed to take appropriate action, they can be held liable for resulting injuries and damages. The presence of … Continue reading

Risk factors for dog bites to humans

Below, I will summarize the principal findings of the study of Howell, et al.

• Older owners and experienced dog owners (in contrast to first-time owners) are less likely to have aggressive dogs who bite people.
• Owners of lower socioeconomic status and owners with certain personality traits (such as neuroticism) are more likely to own aggressive dogs that bite people.
• Confrontational training techniques, such as punishment, increase the likelihood that a dog will react aggressively and bite a human in certain circumstances.
• Dogs used for protection and owners who spend less time exercising or engaging in social activities with their dogs are more likely to bite humans.
• Insignificant findings  Little or dubious relationships about a dog biting risk include an owner’s involvement in criminal activity, gang culture, a dog living in a single-parent household, engagement in competitive games (tug-of-war), or allowing a dog on furniture. ^[3]This latter finding is of interest and somewhat surprising because dog trainers, without any scientific evidence, frequently advise owners to stop tug-of-war games with their dogs because it might … Continue reading

Last, it’s important to realize that the abovementioned factors only correlate with the foreseeability of human-directed aggression. These results should not be interpreted as the cause underlying a dog’s aggression. In some cases, the above factors may be used as circumstantial evidence to support negligence arguments. Direct evidence about a dog’s potentially dangerous nature and the foreseeability of a dog bite incident best comes from what the owner must have known about the dog’s temperament, what the owner was told about the dog’s behavior in certain contexts, knowledge of previous bites or complaints the owner received from people who may have been frightened by the dog. ^[4]It is worth noting that a dog’s breed (i.e. pit bull-type dog) cannot be used by itself to suggest the foreseeability of a dog bite incident.