10 J. Animal & Envtl. L. 1 (2018-2019)
Is Man's Best Friend Great for Personal Protection Or a Huge Lawsuit in Waiting

handle is hein.journals/jael10 and id is 7 raw text is: 



MAN'S   BEST FRIEND


   IS MAN'S BEST FRIEND GREAT FOR
   PERSONAL PROTECTION OR A HUGE
   LAWSUIT IN WAITING?


   Professor David Missirian

I. Introduction
       A dog is a man's best friend, so the expression goes. A dog's qualities so
numerous and prodigious that they have even been cited in jurisprudence following
the suit for a dog's demise:

       a man's dog stands by him in prosperity and poverty, in health and
       sickness. He will sleep on the cold ground, where the wintry winds
       blow, and the snow drives fiercely, if only he can be near his master's
       side. He will kiss the hand that has no food to offer; he will lick the
       wounds and sores that come in encounter with the roughness of the
       world. He guards the sleep of his pauper master as if he were a
       prince. When all other friends desert, he remains. When riches take
       wings and reputation falls to pieces, he is as constant in his love as
       the sun in its journey through the heavens.2

       Based on this glowing epitaph, it would seem that a dog's character is
without reproach. Yet, what we will see is that despite its numerous redeeming
qualities, it is still nonetheless an animal. It matters not how many human
characteristics we heap upon our canine friend, he is an animal nonetheless. One
whose family tree has its roots in the wild wolf. Dogs can and do act in unforeseen
ways.  It is this potential of dogs, (albeit some more than others) to act in an
unintended fashion which this work will examine. How exactly will an unattended
dog respond to a stranger who is trespassing, or small child who enters our land or
home,  may be  unknown.  This article contends that those who use a dog for
protection of one's property or person may be taking the same position as the
famous homeowner  who  used a spring gun to protect his home. This article will
also consider how the drastic increase in the number of dogs as well as the increase
in certain breeds of dogs, purchased specifically because of their aggressive and
protective instincts, put them on par with using deadly force.



'Assistant Professor David Missirian, Bentley University, Law Taxation and Financial Planning
Department, teaching Law and ethics for 32 years, general practitioner for 36 years.
2 The Meaning and Origin of the Expression: Man's Best Friend, The PHRASE FINDER,
https://www.phrases.org.uk/meanings/mans-best-friend.html (last visited Dec. 13, 2018).


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JAEL,   Vol. 10, No. I

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