Date: Wed, 28 Mar 2007 19:14

From: David Cheifetz

Subject: Excessive Force & Dogs

The classic (we don't actually see "excessive force" displayed) - with the dog substituting for a football - is in the US Dick Van Dyke / Norman Lear movie "Cold Turkey".

You don't see the small creature punted; however, you see it flying through the air. The town had promised to give up cigarettes for a month. Let's say the punter was frustrated. If you've seen the movie you'll remember the scene.

----- Original Message ----
From: "Jones, Michael"
To: michael furmston
Sent: Wednesday, March 28, 2007 1:28:48 PM
Subject: ODG: RE:

Michael

In the case of my father, there might well be a principle (indeed, a fact) of excessive force.

Two points in response:

1. The level of force may well depend on the dog. If it were a chihuahua the force needed would be considerably less than if it were a pitbull terrier or a doberman. Given the capacity for dogs like pitbulls to cause extremely serious harm or death, I would have thought that almost no level of force could be excessive.

2. Although the old adage, "every dog is allowed its first bite" probably stems from the scienter rule, these days, in the UK at least, a dog that causes serious injury to a human is usually put down, even if it is a first "offence". So the owner may have some difficulty in proving loss.

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