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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). 1 JAEL, Vol. 10, No. I

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