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Anxiety,Anticipation, & The Assertive Dog

When we think of anxiety, pictures of Woody Allen or that common photo of a person holding their head in frustration with the word stress in big bold letters comes to mind.  Perhaps it is that presentation we have to give at work tomorrow, or even the flight we have to take to get there?  After all, anxiety is just the over-anticipation of future events in one’s life.  For some, these may be big.  For others small.  But regardless of its scope, the brain (both human and canine) handles the phenomenon of anxiety in numerous and interesting ways.

      For the most part, we as human beings can handle the ebbs and flows of life if we stick to our routines and familiar environments.  But every now and then when things get too overwhelming, we can sometimes be put on sensory overload.  Especially if we are in a situation we do not know how to handle or are not familiar with.  To cope with the literal physical and mental sensations associated with this over-processing in our minds, the brain has numerous ways of reacting to, and coping with this stress.  For some it may be a brisk walk or run, for others it may be some form of addictive substance or distracting behavior, some may even internalize it and express it at a later date.  Anxiety also can be triggered by an event(s) or imposing event(s), or can be in a more generalized form.  This is more of your neurotic, worry-wart type of personality who can never relax and is always worrying about when the next shoe of life is going to fall.  Even when nothing is wrong!  (Can you begin to see how this can tie into dogs with certain agendas and personality types?)

     Whatever the form of coping happens to be, it all has its basis in slowing down the rate at which the brain is processing its information.  This enables the individual (or dog) to get back to a baseline or “normal” feeling and mental state.  Which, due to the uncomfortable feelings and worries associated with anxiety, is a quickly learned “go to” place for relief because it actually relieves the individual or dog from the symptoms of their anxiety.  So you are probably asking yourself, “what does my dog have to be anxious about???”

     To better understand how your dog is viewing the world, and how some dogs can take on responsibilities of universal proportions, (in their minds), let’s examine how our dogs see things so we can get in tune with what motivates them and inspires their actions.  When examined at face value, and not by our misinterpretations of their behaviors or our preconceived perceptions of what they mean to us, it makes complete sense once we see things from their perspective and operate by their unspoken set of rules and regulations in the laws of the dog world. 

As I have written about extensively in the past, the flow of life’s energy is of utmost importance to any pack animal.  Because dogs coexist with humans, and share the same natural habitat, (no other animal species does this with us, not even cats!) everything I write about will apply exclusively to dogs, with the occasional wolf analogy thrown in for good measure.  So if these transitions which come about throughout a dog’s coexistence with us, that when having to navigate on their own, become the root cause of the anxiety which ultimately leads to the problem behaviors we experience in our pets.  Let me give an example of what I mean by this;  Let’s say you are nervous about flying in an airplane and you are scheduled to take a trip in two weeks.  Although you’ve flown before and have read all the literature, your rational thinking gives way to anxiety as the imminent day grows near.  This anxiety increases until it comes to head when you are face to face with the day of the trip and even worse… the airplane itself.  At this anxiety peak, we are most likely to panic or show some symptom(s) or form of reaction to everything coming to a head right then and there!  Many people act in ways that are atypical to their usual personality during these times and in some cases would be considered out of the norm for typical human behavior in general. This can range from sweaty palms to full blown panic attacks!

 Let’s now look into our dog’s lives and how anxiety contributes to the problems we may be experiencing with our pets…

     Now, of course a dog has no comprehension of flying, bills, or even having a deadline, so let’s talk about what is actually important to our dogs and what may create an overwhelming feeling of anticipation in situations they may encounter throughout their day.  Also keep in mind that although our jobs are important to us, we ultimately realize that it is not a life or death proposition and we can take vacations, holidays, sick days, etc.  For dogs, it is all about survival.  It is hardwired in their genetics to do what they do without much conscious thought.  For dogs that live the more hyper-sensitive, in-tune existence with this flow of life I speak of, and feel an undying need to anticipate future events, this way of being is more of a reality to them.  They have no choice, it is in their DNA, it is a means to preserve and continue their species by following this instinct-based pack structure and the rules that apply to this way of being.  There is no time off the clock!  This usually means them (the leader) at the head and everyone falling within their respective roles within the pack structure to keep things running smoothly.  In nature and at the dog park this usually works itself out into a peaceful co-existence amongst all dogs.  Actually, only the unbalanced dogs, who in the majority of instances have ill-defined roles within their human-dog packs to begin with, are the ones who get themselves into trouble because of their unregulated energy that triggers other dogs to “re-align” them into their already established pack that works much better and efficiently than what they are trying to do on their own.  Although their owners do, the real dogs in charge aren’t going to tolerate this unbalanced approach to life.  This works so well because a dog sees another dog true to how they are and understands the rules…instantly!  There are no misinterpretations or perceptions made about their behaviors by one another.  Survival is at stake, it cannot happen.  We as humans frequently do this with our dogs.  By not playing the game at their level, our dogs, who may have this higher requirement for us to understand how to be a leader to them, may begin to question what their responsibilities are in life and begin to make their own decisions in situations they never could handle in the first place.  This happens because of their questions about the roles the humans play in their lives within the structure of the pack, both in those moments of transition, and in life in general.  This is because everything from going on walks to going to the kitchen to get a snack can take on more meaning than necessary if our dog doesn’t feel that it has meaning to us as well and we navigate life around them accordingly.

This is the flow of life that dogs pay attention to.  I find us humans really don’t put much thought into this.  This makes dogs with a more assertive approach to life feel like it is their duty to pick up the slack because we just aren’t thinking about it.  Who besides me in their right mind would?   This is what is most difficult for many of my clients, especially those that have many other non-dog things to tend to in their human pack’s lives.  They may run their human pack quite well, but if our dogs don’t see us taking over when Aunt Mildred comes to visit, which in most cases can be as simple as putting our dog on a solid “Sit” command, they are going to try and take matters into their own hands…or paws, because we didn’t step up to the plate and assert ourselves at a time of need according to them.  Considering dogs don’t visit relatives for the holidays this is more than the dog can handle and they soon become overwhelmed with all the “What to do’s…” during these high stress moments which manifest themselves into the problem behaviors commonly known as jumping, barking, aggression, etc.  These are just symptoms of the already existing anxiety being spiked by the instant stimulus of a new person arriving at a major transition point in their lives. What is meant by already existing anxiety is exactly like the person who’s anxiety builds as the anticipated event gets closer until it peaks upon its start.  Its like being on 7 or 8 all the time and going to 10 isn’t that far a jump!  For dogs this is even worse for two reasons: First, a dog doesn’t ever know when these changes in the environment will happen so there is always a “When will it happen?” feeling within them which can create unwanted “light” or “generalized” problem behaviors rooted in anxiety like; chewing, panting, agitation, pacing, fixating, and overall general discontentment/anxiety.  The second problem is that dogs tend to take everything to the life or death place in their mind so the anxiety associated will be more severe and feel more serious to a dog than even the most neurotic human would experience.  This can make a dog downright fearful of life if it gets so extreme.  I usually see most cases when it gets to this level because the dog has put the weight of the world on their shoulders and forgot how to let go and let someone more qualified take over.  I have to teach their owners how to become “qualified”…

     “How can a so-called dominant or alpha dog be so insecure?”  I always answer that question simply with the analogy that the Mayor of a city is not necessarily equipped to be President of the United States no matter how much they try.  Even though they are a kick-butt mayor.

 When seen through this perspective, it is easier to make sense of some of the behaviors our dogs display at these times in their lives.  They are just getting in over their heads because we need to intervene and show them the alternate fork in the road of life.  When it is presented and mapped out correctly, it takes little effort for them to take the correct path.  They will thank you for it by being happy and content pets because of the security in the understanding you have provided for them.   

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Cesar Milan, The Dog Whisperer and Dog Psychology

A client gave me an article featuring Cesar Milan (a.k.a. The Dog Whisperer) to read.  It discusses the criticism Cesar has faced over the past few years and the reason why his approach to dog psychology has been met with such controversy and critics.  Because I am Often compared to Cesar Milan and frequently recommend his books and television show to my clients, I feel it would be appropriate to comment on the article and my feelings on Cesar Milan in general.  When people compare me to him, my response is a heartfelt “Thank You!”  Nothing could be a greater compliment than being compared to someone who has helped so many dogs and their owners worldwide, and has taken the language of dogs and how we can better communicate with them mainstream.  I’ll never forget the time I was working with a client and their dog and we came upon an elderly woman who had to be at least in her 80’s out walking her dog.  When the two dogs met, one tried to establish their role as a leader over the other dog by mounting them.  Instead of the usual human reaction to curb this type of behavior because it “wouldn’t be appropriate in the human world”, the elderly woman explained, “don’t worry, he is just asserting his dominance over the other dog, it is normal for dogs to do that.”  I enthusiastically replied, “you must have been watching the dog whisperer”.  Of course she replied with a great big “Yes!”  Now, if it wasn’t for Cesar Milan bringing these concepts that only a small minority of professional dog trainers, handlers, and owners understoodpreviously, to the masses.  How else would someone like that understand their dog’s behavior this well or even know where to find out this information?  With all the dogs that end up in shelters and get euthanized because of the lack of understanding on the part of humans, (almost all of them!) wouldn’t it seem his message will only benefit dogs as a whole?  That is why I never understood those who strongly oppose Cesar Milan and his ways.  Well, actually I do understand because I experience this resistance sometimes as well.  People like Cesar, me, and others who are able to see and promote the truth and reality of dogs force people to have to examine who they are as humans to directly understand how it is affecting their dog’s behavior.  The reason this is difficult for some is because dogs are part of our lives in modern society because they give us what we can’t get out of humans.  Basically they fill a void within our psychology.  Plain and simple.  That is the reason why dogs are so great and we can bond and connect with them so well and naturally.  We have coexisted for so long they have become part of our existence.  Dogs are the only animal whos natural habitat is exactly the same as humans…Think about that.  The hard part in all this is being able to recognize what we are trying to compensate for, and differenciating what is actually the dog’s problems and what is actually our psychology getting in the way of our dog’s understanding of the role we need to play as understanding and balanced leaders in their lives.  Unless you have gone through many years of psychotherapy or are naturally born to see yourself at face value (not an easy task) this can be an uncomfortable process.  I should know because as a human I had to go through the process myself with my own dogs and continue to grow with each new dog I meet. 

We as humans are programmed to have a strong sense of self.  We are consatantly protecting this sense of self.  It doesn’t matter how many issues we may have, to our “self”, we are who we are and there is nothing wrong with us in our eyes despite what everyone around us may observe and see.  If we were to think we needed improvement, then our whole concept of who we are will fall apart.  The problem with this idea is that everyone, no matter who they are, can improve on themselves in some aspect of their psychology by recognizing who they really are and pinpointing their deficiencies.  So why isn’t everyone in therapy and running around happy and free like the Zen masters?  Because by recognizing our flaws, we have to undo the false sense of who we are to do this.  Who likes criticism?  Not many people do.  So we remain “who we are” and find people to surround us who fit into our “way of being” that is most comfortable despite how it may or may not work for us.  This is how we make friends, find lovers, and choose how we live.  In the human world this suits us well and works perfectly fine for many.  In the dog world however, there is no lying or what we call in the psychology field masking.  Everything is at face value within the pack, dogs cannot lie to themselves, trick one another, or pretend to be something they are not.  They are who they are.  Because we cannot project human psychological values on our dogs (even though we try our hardest), when communicating with dogs we have to operate on the level of honesty very few humans feel comfortable conducting themselves on.  Not only do I use my degree in human psychology daily, but I have actually helped clients discover things within themselves unrelated to their dogs which have helped them in their personal, non-dog lives!  Not to get terribly Freudian here but it has been my experience that those who understand themselves and human nature the most, tend to have an easier time in understanding how they are contibuting to their pet’s issues and how to change this to help their dog problems.  I find it of great importance to add;  No one is ever a bad person or dog owner for not understanding their dogs.  I will be the first to tell you that most people who have dogs think more on an anthropomorphic level (placing human characteristics on animals) than on a level of reality based on a dogs natural instincts and psychology.   Anthropomorphic thinking stems from a wanting to love, relate, and bond with our animals not because we don’t care.  What happens with some dogs is this energy is misinterpreted as a weak energy or lack of understanding because certain dogs don’t sense we know who they are as they know a real dog would.  By seeing ourselves and our dogs for things truly are, we are creating the energy of understanding I frequently speak of.  We now come across as a self-aware and confident leader with an energy to be respected, not taken advantage of.  This is what The Dog Whisperer, myself, actual dogs, and others utilize and promote.  Those who disagree the most with these ideas seem to be unsuccesful trainers who are jealous our threatened by our abilities and people who can’t stop treating their dogs like children no matter what you tell them.  Who’s issues are those???    

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The Flow of Life for Dogs

As a follow up to my last article on energy, it would deem appropriate to write about the flow of life in which dogs follow.  Basically what this means is that dogs, being as in tune with life as they are, pick up on changes in the daily pattern or “flow of life” that occurs in the environment that surrounds them.  Whenever something new happens big or subtle, it has great meaning to a dog.  Examples are when someone new comes to the house, going from one room to another, going up stairs, or doorways, or even things like getting up off the couch and mealtimes will tap into a dog’s natural tendency to feel life’s energy shift, and be in tune with these changes in the flow of life according to their established roles in the pack.  We as dog owners and trainers can tap into these energy flow changes to be one step ahead of our pets to be, as you guessed it, the best leader possible to our dogs.  A good place to start can be with greetings.  Whether it be at the door or on walks in public, this will apply to any initial greeting scenario you may encounter with your dog.  If your dog tends to display innappropriate or hyperactive behaviors (jumping, barking, running around, hyperactivity, btitng, etc.) upon welcoming someone or something new into their lives,  then it means they are trying figure out a situation that is too much for them to handle.  The ”bad” behaviors we see are just symptoms of their mental discontentment from having more responsibility than they can deal with even though they do not know any better.  It is our jobs as their pack leaders to take the high road and take over these types of situations (especially greetings)  so they no longer feel the burden which in turn  fuels the fire of the problem behaviors we see in dogs. 

An example would be giving our dogs a “Place” or “Sit” “Stay” commands at those times when they are trying to figure out what to do.  This takes the multitude of thoughts going through their minds and puts them all into one simple task for them to accomplish, the command you give them, focusing everything into one single-pointed mindset.  This also “places us in charge” of the new event that just occured in our dog’s lives.  So by instinct, the dog will relax because of they sense we now are taking over a situation for them that they couldn’t handle on  their own.  Now, we must be consistent with this approach, because of the fact that if our dogs feel this way in the first place,  they have a strong disposition to be in charge of new situations which arise in their envirionment.  If we are not consistent, then the dog will gravitate towards what they feel is most comfortable for them.  Even though the result is stressful.  They don’t know any other way until we make it a standard for us to be one step ahead of our dogs when it comes to the flow of energy in life.  9 out of 10 doesn’t cut it with a strong willed dog.  10 out of 10 consistency is the only way to go for the re-establishment period it takes to make the more positive and healthy behaviors the norm, placing us in charge of new situations and alleviating the burden of our dogs running the show.  For them and us!   Although some dogs can be quite stubborn in giving up their top dog status, with some persistence, we can out-lead them and once they are used to it and forget the old ways, we don’t even have to think about it anymore, they just know we are in charge without us having to go through the motions associated with proving it to them.  They know we are in tune with the flow of energy as well as any leader they would respect could.

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Dog Bite Laws in Colorado

There is a great deal of controversy here in Colorado over dog bite laws and legislature.  Being Colorado is so dog friendly and the off leash allowances, more people are encountering dogs they have never met on a regular basis.  Most strange dogs are friendly, but here are the laws for those situations that are not so friendly and unfortunately cause harm to another person or dog.  The majority of these dog bite cases could have been easily prevented with the right intervention.

Here is an overview of the entire dog bite laws for the state of Colorado:

Dog Bite Law

Colorado
Colorado’s dog bite statute imposes strict liability upon a dog owner only in cases of “serious bodily injury,” and limits the strict liability to economic damages only. To receive full compensation (and to receive any compensation at all in cases of non-qualifying injury), the victim must prove that the incident resulted from (a) negligent or intentional conduct, (b) violation of the dangerous dog law, a leash law or a law prohibiting dogs from “running at large,” or (c) ownership of a dog with the knowledge that the dog had a history of biting or threatening to bite people.

  • The five classes of dog bite victims in Colorado
  • Proving a dangerous propensity under Colorado law
  • The text of the dog bite statute
  • Critique of the dog bite statute
  • Negligence and negligence per se liability for dog bites
  • Landlord liability for dog bites
  • Settlement offers and awards of costs
  • If you are an attorney who is researching the law in this state.
  • If your case involves injury to a dog, see What To Do If Your Dog Is Injured or Killed.

The five classes of dog bite victims in Colorado 

Colorado’s dog bite statute, Col. Rev. Stats. sec. 13-21-124 (Civil actions against dog owners), governs dog bites that happened on or after April 21, 2004. It is among the most unnecessarily complicated and unfair dog bite statutes in the USA. This statute and the one that puts a “cap” or upper limit on non-economic damages operate together to create five classes of dog bite victims. Each class is treated differently, either as to what they have to prove, or how much money they can recover. The differences can be drastic. The complexity of this scheme necessitates retaining a lawyer in every case where the bite broke the victim’s skin.

The first class of victim is one who fits within an exception to section 13-21-124. The exceptions include anyone who was “unlawfully on public or private property,” or was on the dog owner’s property if it is “clearly and conspicuously marked with one or more posted signs stating ‘no trespassing’ or ‘beware of dog,’” or was “knowingly provoking the dog,” or was performing the duties of a veterinary healthcare worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge. A victim in this class cannot recover under the statute or any other legal cause of action.

The second class of victim is the one who neither suffered serious bodily injury nor can prove the requirements of the one-bite rule. These victims cannot recover under the statute, but are free to do so under another cause of action, such as negligence.

The third class of victim is the one who suffers “serious bodily injury.” This was the victim whose plight the statute was intended to improve. The statute imposes strict liability only in cases where the victim suffers a “serious bodily injury.” In other cases, Colorado is a “one-bite” state. (To learn the requirements for liability in a “one-bite” state, see one-Bite Rule.)

Section 18-1-901(3)(p) defines “serious bodily injury” as follows:

18-1-901(3)(p): “Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

However, the victim who suffers serious bodily injury is not entitled to full compensation under section 13-21-124. The dog bite statute limits the victim’s remedy to “economic damages.” This means that a dog owner is strictly liable only for “economic damages” unless the seriously injured person can prove the requirements for liability under the “one-bite rule.” In other words, strict liability is limited to economic damages.

The term “economic damages” is not defined in the dog bite statute or any other statute. However, its meaning can be deduced from the definition of “noneconomic loss” that is provided in section13-21-102.5:

13-21-102.5 (2)(b) “Noneconomic loss or injury” means nonpecuniary harm for which damages are recoverable by the person suffering the direct or primary loss or injury, including pain and suffering, inconvenience, emotional stress, and impairment of the quality of life. “Noneconomic loss or injury” includes a damage recovery for nonpecuniary harm for actions brought under section 13-21-201 or 13-21-202.

Because “noneconomic loss” includes pain and suffering, inconvenience, emotional stress, and impairment of the quality of life, it stands to reason that the term “economic loss” includes everything else, such as past medical bills, future medical bills, past psychological counseling, future psychological counseling, past loss of income, and loss of earning power as a result of disability or disfigurement.

Therefore, a victim who suffers “serious bodily injury” but cannot prove the requirements of liability under the “one-bite rule” can nevertheless recover “economic damages” consisting of all actual costs of treatment, loss of income, and loss of earning power as a result of disability or disfigurement.

The fourth class of victim includes any person, regardless of his degree of injury, who can prove the elements required by the “one-bite rule” or any other cause of action. If these elements can be proved, then the victim of serious bodily injury or lesser injury can receive not only economic damages but also non-economic damages.

However, while economic damages are not limited in amount, the non-economic damages are limited in most cases. Section 13-21-102.5 limits to “$250,000″ the amount of “noneconomic loss or injury” that an injured person can recover. As of Summer 2006, the $250,000 “cap on damages” had risen to $350,000.

The fifth class of victim is the seriously injured one who can satisfy the requirements of the “one-bite rule” or another cause of action, and who also suffered from physical impairment or disfigurement. The “cap” on economic damages does not apply to compensation for physical impairment or disfigurement. In other words, both the economic damages and the non-economic damages are unlimited if the victim suffers physical impairment or disfigurement.

Therefore, Colorado dog bite law creates five classes of dog bite victims:

  • The victim who fits within an exception to the dog bite statute cannot recover anything under the dog bite statute or any other cause of action.
  • The victim who did not suffer serious bodily injury and cannot prove the requirements of the one-bite rule cannot recover anything under the dog bite statute, but may still recover if he can prove the elements of another cause of action.
  • The victim who suffers “serious bodily injury” can always recover unlimited economic damages, even if the dog never bit before and the dog owner did not do anything “wrong.” However, the dog owner’s liability is limited to the economic damages — not pain and suffering.
  • The victim who can prove the requirements of the “one-bite rule” or another cause of action can recover unlimited economic damages plus non-economic damages, but the non-economic damages cannot exceed the “cap” which was $350,000 as of Summer 2006.
  • The victim who can prove the requirements of the “one-bite rule” or another cause of action, and who suffered from physical impairment or disfigurement, can recover unlimited economic damages plus unlimited non-economic damages.

Here is another way of expressing the Colorado scheme for compensating dog bite victims:

  • If you fit into an exception described by the dog bite statute, you cannot recover anything at all.
  • If you did not suffer serious bodily injury and cannot prove the requirements of the one-bite rule or any other cause of action, you are entitled to recover nothing from the dog owner.
  • If you suffer serious bodily injury, you are entitled to recover economic damages, even if you cannot prove the requirements of the one-bite rule.
  • If you suffer any degree of bodily injury and can prove the requirements of either the one-bite rule or any other cause of action, you are entitled to recover unlimited economic damages but only limited non-economic damages.
  • If you suffer serious bodily injury and can prove the requirements of either the one-bite rule or another cause of action, you are entitled to recover unlimited economic damages and unlimited non-economic damages.

Proving a dangerous propensity under Colorado law

It is necessary to prove the existence of a dangerous propensity under Colorado law when the victim cannot use the dog bite statute, and cannot prove the elements of other causes of action, such as negligence or negligence per se. This is because of the severe limitations of the Colorado dog bite statute, which has kept the “one-bite rule” alive in this state.

The “one-bite rule” requires the dog bite victim to prove that the dog had the dangerous propensity to bite, and the owner knew it before the victim was bitten. (See generally, The One-Bite Rule.) Because “dangerous propensity” is not defined by a statute, one must look to the Colorado cases to determine exactly what needs to be proved.

The following cases were decided before the Colorado strict liability statute was passed in 2004. Therefore you must keep in mind that there is statutory strict liability in cases of serious bodily injury in addition to the grounds for liability established in the cases discussed below.

In Barger et al. v. Jimerson et al. (1954) 130 Colo. 459, 276 P.2d 744, the Colorado Supreme Court held that a dog owner who is free of negligence shall nevertheless be liable for injuries and losses resulting from a dog bite, if the owner knew or should have known that the dog was dangerous prior to attack. 

The original complaint in Barger stated that the dog owner (the defendant) “allowed said dog to run at large and loose.” At the beginning of the trial, the victim (the plaintiff) asked that this allegation be stricken from the complaint, but at the end of the trial, asked that the allegation be added again. The Colorado Supreme Court held that it was not necessary to allege or prove that the owner allowed the dog to run at large. The Court stated that there was: 

    “…little reason to discuss the propriety of this procedure since it is not ultimately important for a determination of the case. It is quite evident that defendant did not at any time carelessly or intentionally allow the dog to run at large. Their liability was in keeping such a dog and they did so at their peril.” (130 Colo. at p. 462.)

The Court also held that the victim proved that the owner knew the dog was dangerous because, among other things, the owner kept it confined: 

    “There is no evidence in this case that the dog in question had ever bitten anyone before, but its ferocious and violent nature as daily exhibited to many people, especially the neighbors, was such as to put prudent people on guard to prevent a possibility of attack on human beings…. Moreover, the fact that defendants kept the dog confined is persuasive in concluding that they considered it unsafe for the dog to be at large.” (130 Colo. at p. 463.)

In E.P. Swerdfeger v. John L. Krueger, Minor, etc. (1960) 145 Colo. 180, 358 P.2d 479, the Colorado Supreme Court held that a victim who knew that the dog might bite, and had to trespass to encounter the dog, cannot recover for his injuries and losses when he trespasses and is bitten. The Swerdfeger decision adopted the language of the Restatement of the Law — Torts: 

    “… the possessor [of a dog] is not subject to liability to a child who in fact discovers the condition and appreciates the full risk involved therein but nonetheless chooses to encounter it out of recklessness or bravado.” (145 Colo. at pp. 184-5.)

In Reynolds v. Reichwein (1973) 510 P.2d 895, 1973 Colo. App. Lexis 857, the Court of Appeals of Colorado held that the appellate courts will not overturn the trier of fact’s determination that that owner knew his dog was vicious, as long as the determination finds some support in the record. In Reynolds, the dog previously bit a child that provoked it. Despite the provocation, the trial court ruled that the dog was vicious and the owner knew or had notice of the dog’s vicious tendencies. DuBois v. Myers (1984) 684 P.2d 940, Colo. App. Lexis 1067, contains an erroneous statement of the law. It cites Swerdfeger for the proposition that: 

    “In order to establish that a person who owns or keeps a domestic animal is liable for injuries inflicted by that animal, a plaintiff must prove: (1) that the animal has vicious or dangerous tendencies; (2) that the owner or keeper had knowledge or notice thereof; and (3) that the owner or keeper did not exercise reasonable care to prevent injuries reasonably anticipated to result from such tendencies.” (684 P.2d at p. 942.)

With all due respect  to the DuBois court, the third “element” (i.e., pertaining to reasonable care) was specifically repudiated in Barger, and results from a misreading of Swerdfeger and the case it relied upon. Swerdfeger did not hold that a defendant who exercises reasonable care can avoid liability. To the contrary, Swerdfeger specifically relied on the following 3-prong test stated in Melsheimer v. Sullivan, 1 colo. App. 22, 27 P. 17:

    “1.  That the dog was vicious and in the habit of biting mankind.”2.  That the defendant knew it.”3.  That he bit and injured the plaintiff without any neglect or fault on his [plaintiff’s] part.”

The DuBois court misread the third element described in Melsheimer, which pertains to the plaintiff’s fault, not the defendant’s fault. There is no requirement that the defendant be at fault in any way, because the essence of the case against the defendant is that he knew the dog was dangerous and kept it anyway. In fact, that is the basis of the common law cause of action for scienter.  (See The One-Bite Rule.)It is necessary to prove a dangerous propensity only when attempting to base a claim on the “one-bite rule.” A dog owner in Colorado also will be held responsible for (a) his or her negligence (for example, a day care center that permits a pit bull to roam freely among toddlers), (b) for violating a public safety law such as a leash law, prohibition against trespassing by dogs, or prohibition against permitting a dog to run at large, (c) any intentional injury inflicted by using a dog, and (d) any injury inflicted as a result of outrageous conduct. These causes of action are very essential for the recovery of noneconomic damages, such as pain, suffering, and impairment of the quality of life.

The text of the dog bite statute 

Here is the text of Colorado’s dog bite statute, Col. Rev. Stats. sec. 13-21-124 (Civil actions against dog owners):

13-21-124. Civil actions against dog owners.
(1) As used in this section, unless the context otherwise requires:
(a) “Bodily injury” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery.
(b) “Dog” means any domesticated animal related to the fox, wolf, coyote, or jackal.
(c) “Dog owner” means a person, firm, corporation, or organization owning, possessing, harboring, keeping, having financial or property interest in, or having control or custody of, a dog.
(d) “Serious bodily injury” has the same meaning as set forth in section 18-1-901 (3) (p), C.R.S.
(2) A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness or dangerous propensities.
(3) In any case described in subsection (2) of this section in which it is alleged and proved that the dog owner had knowledge or notice of the dog’s viciousness or dangerous propensities, the court, upon a motion made by the victim or the personal representative of the victim, may enter an order that the dog be euthanized by a licensed veterinarian or licensed shelter at the expense of the dog owner.
(4) For purposes of this section, a person shall be deemed to be lawfully on public or private property if he or she is in the performance of a duty imposed upon him or her by local, state, or federal laws or regulations or if he or she is on property upon express or implied invitation of the owner of the property or is on his or her own property.
(5) A dog owner shall not be liable to a person who suffers bodily injury, serious bodily injury, or death from being bitten by the dog:
(a) While the person is unlawfully on public or private property;
(b) While the person is on property of the dog owner and the property is clearly and conspicuously marked with one or more posted signs stating “no trespassing” or “beware of dog”;
(c) While the dog is being used by a peace officer or military personnel in the performance of peace officer or military personnel duties;
(d) As a result of the person knowingly provoking the dog;
(e) If the person is a veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer, or dog show judge acting in the performance of his or her respective duties; or
(f) While the dog is working as a hunting dog, herding dog, farm or ranch dog, or predator control dog on the property of or under the control of the dog’s owner.
(6) Nothing in this section shall be construed to:
(a) Affect any other cause of action predicated on other negligence, intentional tort, outrageous conduct, or other theories;
(b) Affect the provisions of any other criminal or civil statute governing the regulation of dogs; or
(c) Abrogate any provision of the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.
History
Source: L. 2004: Entire section added, p. 507, § 1, effective April 21.

Critique of the dog bite statute 

Prior to the 2004 amendment to CRS 13-21-124 (the dog bite statute), Colorado was a “one-bite state.” In other words, Colorado adhered to the ancient English doctrine of scienter, which developed in the 1600s when horses, mules, geese, ducks, hogs, chickens and, of course, dogs freely wandered the dirty streets of English towns, making it anomolous, in that barely civilized time, to hold liable the owners of such animals when they did harm. This was centuries before the development of the pit bull and the passage of the first animal cruelty laws; in other words, it was a time when it was not illegal for your dog to wander to another person’s property but also not illegal for that person to beat your dog or even kill it if need be. (For a more detailed discussion, see The One-Bite Rule.)

Colorado dipped a toe into the mainstream of Ameican dog bite law and modern beliefs about the responsibilities that accompany dog ownership when the legislature made dog owners strictly liable for just a small percentage of dog bite incidents (those involving serious bodily injury or death) and just a small portion of the damages (economic damages and nothing for the pain and suffering that a mauled child or adult endures from a vicious dog attack). Colorado therefore remains essentially a “one-bite state,” demanding from its dog owners the level of responsibility appropriate for the citizens of an English town 400 years ago, not modern Americans.

The dog bite statute should be further amended to provide strict liability for all losses and damages when a dog causes injury to a person or domestic animal the first time.

Negligence and negligence per se liability for dog bites

Colorado case law holds that a person who owns, keeps or harbors a dog which causes injury can be held liable under theories of negligence and negligence per se. For more about these legal theories generally, see the discussion in Legal Rights of a Dog Bite Victim.

In Snow v. Birt, 968 P.2d 177 (Colo.App. 10/29/1998), a young girl named Cynthia was visiting her father, who owned a dog. Her father and the dog lived with Cynthia’s grandparents. A week prior to this visit, the dog bit a different child and then, at this visit, the dog bit Cynthia. The grandparents clearly knew about the prior bite because they built a dog run to confine the dog, upon orders of the health department after the first bite.

On Cynthia’s behalf, a claim for compensatory and punitive damages was made against the grandparents. It was alleged that they were liable on the grounds of general negligence and negligence per se based on the violation of a municipal ordinance. The ordinance provided that “[i]t shall be the duty of every owner or keeper of any animal in their possession or control, to exercise reasonable care and to take all necessary steps and precautions to protect other people . . . from injuries or damage which might result from their animal’s behavior.” Another ordinance defined “owner or keeper” to include “any person . . . possessing, harboring, keeping, having an interest in, or having control or custody, either permanently or temporarily, of an animal.”

The grandparents moved for summary judgment, asserting that they owed no legal duty to Cynthia and that any such duty was owed by Cynthia’s father, the dog’s owner and keeper. The trial court granted the motion, but the court of appeals reversed.

The court held first that the grandparents were harborers and/or keepers of the dog, and that the dog was in their control or custody. The court also held that the municipal ordinances imposed a duty of care upon defendants to exercise reasonable care and to take all necessary precautions to protect Cynthia from being injured by the dog. Additionally, the court held that the grandparents owed the little girl a common law duty of care, based on the fact that the they were harborers and/or keepers of the dog, and that the dog was in their control or custody.

This case therefore stands for the proposition that harborers and keepers (as opposed to owners) of a dog may be held liable for injuries it inflicts, founded upon general negligence and negligence per se based on the violation of a municipal ordinance.

It has been specifically held that negligence per se is a proper ground for liability, based on the violation of a statute or ordinance that is intended to prevent harm. Lui v. Barnhart, 987 P.2d 942 (Colo.App. 08/19/1999). As the plaintiff in Lui was driving home at night, his vehicle collided with defendant’s horse. The horse had escaped from its corral and had wandered into the street. A city ordinance required that owners of animals “shall not fail” to keep their animals physically confined or restrained. At trial, based on the ordinance and the horse’s presence in the road, plaintiff requested the trial court to instruct the jury concerning negligence per se, among other things. The trial judge gave the requested instruction, but the jury found no negligence. On appeal, the giving of the instruction was upheld. The court of appeal stated:

Some situations that may not be considered inherently dangerous to others but could pose a risk of danger under certain circumstances may be regulated by statute or ordinance, which, in turn, may be the basis of a negligence per se claim if the statute is violated. In such situations, the statute itself establishes the standard of care and its violation is equivalent to a breach of duty and conclusively establishes that aspect of a plaintiff’s negligence claim.

The wording of the statute or ordinance is critical to proving whether it was violated. In Lui, supra, the horse was wandering loose, the ordinance required that owners of animals “shall not fail” to keep their animals physically confined or restrained, and therefore a violation occured. The result will be the opposite, however, if the ordinance makes it “unlawful for any owner . . . of any dog to allow such dog to run at large.” This was how the ordinance was worded in Downing v. Lillibridge, 566 P.2d 714, 39 Colo. App. 231 (Colo.App. 04/21/1977). The Downing court held that there was no violation because the word “allow” required proof of either negligence or intentional conduct on the part of the defendant:

In construing statutory language similar to that contained in the ordinance above, the overwhelming majority of courts has held that civil liability for injuries caused by an animal running at large cannot be imposed against the owner of the animal absent a showing of negligence or intentional conduct on the part of the owner in permitting the animal to run at large. See, e.g., Santanello v. Cooper, 106 Ariz. 262, 475 P.2d 246 (1970); Cooper v. Eberly, 211 Kan. 657, 508 P.2d 943 (1973); and see generally, 4 Am. Jur. 2d, Animals § 116; Annot, 34 A.L.R.2d 1285. We therefore conclude that the use in the ordinance of the word “allow” evidences a legislative intent to require proof of an owner’s negligence as a predicate to recovery in a civil action.

The availability of negligence per se based on a statutory violation is of great importance in Colorado because this cause of action follows from the type of serious injury that violates section 18‑9‑204 (Unlawful Ownership of Dangerous Dog). Subsection (3)(a) makes it a criminal offense to have a dangerous dog. (”A person commits ownership of a dangerous dog if such person owns, possesses, harbors, keeps, has a financial or property interest in, or has custody or control over a dangerous dog.”) Subsection (2)(b)(I) defines “dangerous dog” as “any dog that … [h]as inflicted bodily or serious bodily injury upon or has caused the death of a person.” There is no requirement of prior knowledge of the dog’s dangerousness.

There are no appellate cases that have construed the meaning of section 18‑9‑204. Where no in-state precedents exist, Colorado courts examine out-of-state cases that construe similarly worded statutes. People v. Julien, 47 P.3d 1194 (Colo. 2002), Air Communications & Satellite Inc. v. EchoStar Corp., 38 P.3d 1246, 1251 (Colo. 2001).

Pennsylvania’s regulation of dangerous dogs rests upon criminal law that, throughout the USA, bears the closest resemblence to Colorado’s section 18‑9‑204. Section 502-A(a)(1) of the Pennsylvania “Dangerous Dog Statute” makes it a crime to keep a dangerous dog, which means a dog that “has done one or more of the following: (i) [i]nflicted severe injury on a human being….” A “severe injury” is “any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.” (The Dog Law, sec. 102.) In Commonwealth v. Hake 738 A.2nd 46 (Pa. Commw. Ct. 1999) it was held that a single incident of infliction of severe injury imposes criminal liability under the above statute. For more about Pennsylvania’s dog bite law, see Pennsylvania.

On the basis of that violation, dog bite victims have prevailed in making negligence per se claims against dog owners in the State of Pennsylvania, which is a “one-bite state.” The Hake case was well reasoned and should be applied in Colorado to produce the same result.

Landlord liability for dog bites

The Colorado premises liability statute, § 13-21-115, C.R.S. 2004, is a dog bite victim’s only means of recovery in an action against a landlord. Wilson v. Marchiondo, 124 P.3d 837 (Colo. App. 2005); Vigil v. Franklin, 103 P.3d 322 (Colo. 2004). In Wilson it was held that a landlord would be liable for the dog’s attack only if he actually knew, prior to entering into the lease, of the danger the dog presented.

Settlement offers and awards of costs 

Like a number of other states (including California), Colorado encourages parties to settle lawsuits. Such encouragement is by virtue of a statute that says, essentially, that a party will be regarded as a loser even if he is the winner, if he failed to accept a more advantageous offer of settlement. As the loser, that party will be required to pay everyone’s litigation costs (but not attorney fees).

13-17-202 - Award of actual costs when offer of settlement was made.
      (1) (a) Notwithstanding any other statute to the contrary, in any civil action of any nature commenced or appealed in any court of record in this state: 
      (I) If the plaintiff serves an offer of settlement at any time more than ten days before the commencement of the trial that is rejected by the defendant and the plaintiff recovers a final judgment in excess of the amount offered, then the plaintiff shall be awarded actual costs accruing after the offer of settlement to be paid by the defendant; 
      (II) If the defendant serves an offer of settlement at any time more than ten days before the commencement of the trial that is rejected by the plaintiff and the plaintiff does not recover a final judgment in excess of the amount offered, then the defendant shall be awarded actual costs accruing after the offer of settlement to be paid by the plaintiff; 
      (III) If an offer of settlement is not accepted within ten days after service of the offer, the offer shall be deemed rejected, and the party who made the offer is not precluded from making a subsequent offer. Evidence thereof is not admissible except in a proceeding to determine costs. 
      (IV) If an offer of settlement is accepted within ten days after service of the offer, either party may file the offer, written notice of acceptance, and proof of service with the court, and the clerk shall enter judgment upon the accepted offer of settlement; 
      (V) An offer of settlement under this section shall remain open for at least ten days from the date of service unless withdrawn by service of withdrawal of the offer of settlement; 
      (VI) An offer of settlement served at any time ten days or less before the commencement of the trial shall not be subject to this section, and evidence thereof is not admissible for any purpose. 
      (b) For purposes of this section, “actual costs” shall not include attorney fees. 
      (2) When comparing the amount of any offer of settlement to the amount of a final judgment actually awarded, any amount of the final judgment representing interest subsequent to the date of the offer in settlement shall not be considered. 
      (3) When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of settlement, which shall have the same effect as an offer made before trial (except with respect to costs already incurred) if it is served pursuant to subsection (1) of this section.

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What is energy???

Wednesday September 26, 2007

Although a far fetched concept for most of us as humans to grasp, energy is the universal languge that all living things communicate by.  Whether you are a dog, human, bird, or plant, everything operates on the concept of energy.  To simplify this idea I will first give an overview of what energy is, and then I will continue with an explanation of its relationship and use in how we communicate with our dogs.  As stated above, energy is the universal language of all living beings.  So how does it work? 

At the molecular level everything is made up of free floating energy particles.  How this energy comes together is what makes one bundle of energy become a fish, and the other become a human for example.  Regardless of its configuration, energy is still the same at its basic level and free floating by nature.  What this means is that it can be transferred, shared, and passed on.  Of course not on a level we can see with our eyes, but we can definately feel it.  For example, have you ever had that feeling that the phone was going to ring or have you ever met a person that gave you a positive/negative vibe?  That is energy at work!  This isn’t some mystical force, it actually is that “free floating” energy passing through the environment on a subatomic level that we, as its natural “receptor”, pick up as feelings or “sixth senses”.   Now we as humans who once operated on these principles, have evolved quite a bit and have developed language as our primary method of communicating.  Dogs, who use minimal vocalizations to communicate, utilize their sixth sense abilites first and foremost.  This is the means by which our dogs can do amazing things such as telling when their owner is coming home regardless of schedule or time of day (I’ve seen the special on TV too!) or sensing subtle changes in one’s body chemistry to detect disease or seizures before doctors can.  Although magical in its concept, it is this “feeling energy” that makes dogs instantly be able to size up another dog without even seeing them.  Sure, dogs use body language, scent, and other means to communicate.  These things are only secondary and tertiary while energy is number one.  All dogs carry an “energy fingerprint” that is constantly being projected into their environment.  The body language we see is just the reaction many steps after the actual signal was received by either dog.   

What is The Energy of Understanding?

The Energy of Understanding as I call it, is the energy given out by dogs who are the most experienced and best leaders.  What this energy says, using literally no words, is “I am soo good at my job as leader, you don’t have to worry about anything.  I’ve got everything covered for my pack”  This means you are their protector, provider of food & shelter, travel agent, and so on which gives the dog(s) who are under them a strong sense of security by not having to be concerned with all these things.  As is the theme of all that I do, this is the energy we are trying to project to our dogs.  Especially when dealing with problem behavior or dominant dogs who have all these burdens of life on them which causes an unbalanced energy to occur.  This is the root of most problem behaviors we experience with our dogs.  The problem behaviors we see are the symptoms of the unbalanced energy associated with too much responsibility for the dogs that try to assume a different role in the pack than they best are suited to.  Once we take over that role, we put an Energy of Understanding into our environment we share with our dogs.  When I work with my clients I spend a great deal of time doing owner education instead of just dog education.  Reason being is that if the owner knows exactly what their dog is thinking and sees their misguided agenda, it is then that they can be one step ahead of their dog, by seeing their every move as having meaning…and actually understanding it!  This earns respect rather quickly in the dog world, which is an easy way to create the correct energy in our dog’s environment.  The energy of understanding.  So without the owner knowing how to work a leash and collar or how to give a dog endless treats, they can learn how to get their dog to listen to them just by understanding the concept of energy.   

by: Brett Endes  

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When is it time to find a new dog trainer?

How to know when to move on

By: Nish Nalbandian owner; Comet Canine

This is a great article by a respected colleague of mine.  It really tells it like it is…Enjoy!

I have a current client who owns a German Shepherd. She called me because her dog was acting aggressive toward men. During our initial interview my client told me that she had been working with another trainer for about a year, to teach her dog obedience and protection skills. After about a year of training, that trainer told her that she should euthanize her dog because it was too aggressive.

I should know better by now, but I am still shocked when I hear stories like this and I am faced with the realization that people in the dog training world can be so unprofessional, incompetent, and ineffective in their chosen profession. I guess I should learn.

Seeing this situation made me decide to write an article about how to know when you need a new dog trainer, using this as an example. Let me start by highlighting what was really going on. This client had worked with the other trainer weekly for about a year. When I arrived, she was having difficulty keeping the dog from biting people. After assessing the dog and the situation, it was a fairly easy fix. The dog needed some basic control work, and needed to have limits set very clearly. ONce the dog knew what he was supposed to be doing, he responded very well.

The other trainer had used some questionable techniques during the dog’s protection training, not even following basic, well-known strategies to ensure the dog’s stability and ability to turn off the aggression once turned on. By making the dog ‘defensive’ and threatening the dog to bring out aggression, she seriously damaged teh dog’s trust in humans. Any good protection trainer knows that for a typical family protection dog, or for any dog starting a career in the sport or police k9 fields, you must start with prey drive, and work into defense drive. This trainers incompetence damaged the dog. Since she could not deal with the results of what she had created, she counselled her client to kill her dog. That’s really unprofessional. She caused the problem, then couldn’t fix it, so she blamed the dog. After having the client pay her for a year!

I hear stories like this all the time. They really make me angry. That is partially why i started Comet Canine. To provide real, professional, comprehensive dog training and behavior modificaiton services to the general public. I saw too many instances where people learn one technique, or make one up, and then claim to be professionals, without realizing the responsibility they hold. In the case of this client, her incompetence and inability to see her own limitations made her unable to see what was really going on, and could have led another person to euthanize a perfectly healthy and psychologicially normal dog.

You may be thinking that this does not apply to you, if you are not doing protection training. But I see it day in and day out with family pet dogs. People take their beloved dogs to see people who claim to be dog trainers, pay them lots of money, and are often given incomplete or even dangerous advice about how to deal with the problem they face. So how do you as a consumer know how to pick a trainer, or how to move on and find a new one? Here are a few guidelines:

Results. Are you getting results? Not in a year, but now? Has the trainer given you not only a plan for how to get to some future point where your dog might respond, but ALSO given you the tools you need to deal with the problem AS IT HAPPENS? Any good professional dog trainer can get a dog responding within a few sessions, and most problems require less then 10 sessions. Sometimes it takes longer, but in most cases if you have not seen a big change very quickly, it’s time to find someone who is better equipped to help you.

Responsibility. Does the trainer blame the dog? A good trainer can deal with most dogs, and can switch gears if their initial plan isn’t working. A real professional takes responsibility for their actions. They can recognize if they make a mistake. This doesn’t mean that you are free of responsibilty, though. As the dog’s owner, you need to consistently practice the skills and management techniques your trainer gives you.

Realistic Expectations. A true professional will set realistic goals to work towards. They will help you understand what you need to do, what the dog will be able to do, and help you work together as a team.

Ethics. A professional trainer will not mess your dog up, then tell you to euthanize it. A real professional can sometimes make mistakes, but they will help you get through it. A real professional will not charge you money and then not provide the expected results. A real professional will do their best to make sure you get what you pay for.

Skills. A real professional knows what he or she is doing. Everyone has their limits, no one knows everything, and there is not a right answer to every question. But being professional means keeping an open mind, observing what is really going on, and responding to the realities confronting you. Being professional means being open to using all the tools of the trade. Being professional means having read the scientific literature about your profession. Being professional means being able to apply that knowledge in a practical way.

Sometimes when I write these things I realize that I am not getting across what I truly want to say. The bottom line is this, my client spent a lot of money with a person who claimed to be an expert, but who provided sub-standard services, put the blame elsewhere, and almost cost her her dog’s life. Dealing with beahvior problems such as aggression is serious business. Being deluded about your skills, or not knowing enough about how to deal with aggression can be dangerous. I find it offensive that people charge money for something they are not qualified to handle. And there’s the final mark of a real professional. They know when they are in over their heads, and are not afraid to admit it. I work with other trainers on a regular basis, and I make referrals if I do not feel like I can deal with the issue at hand.

There’s one more aspect to consider. And that is, does your trainer think that there is only one way to deal with things, their way? There are many different training tools, techniques, and methods out there. If a trainer is stuck using only one, they are limited. From people who only use click and treat, to people who only use electric collars, to people who only do clinical consultations, there are tons of trainers who apply only one method. If your dog does not respond, they blame the dog, they blame you, isntead of expanding their repertoire and openign their minds.

A note to the ‘positive only’ folks, read Lindsey’s ‘Handbook of Applied Dog Behavior and Training, Vols I-III’. If you think that the science backs your position, you’re in for a surprise. Much of what is being taught as dog training ‘fact’ today is little more than dogma. Repeating something does not make it true. Believing something does not make it true. To consumers: Choose a trainer who is not dogmatic, but who is flexible, experienced, and has a big toolbox, not just one tool.

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Agressive Dogs; Do They Deserve a Chance?

Every once in a while I take a trip to the various shelters and humane society locations throughout Colorado.  I look for dogs that no one wants to adopt because of their behaviors and then work with the shelter to help develop a dog rehabilitation program for them.  The reason I do this is because the number one reason dogs are euthanized in shelters is because of bad behavior(s), with agressive behavior being the most common.  Because agression is also the most preventable, I feel if there is something that can be done, then why not do it before we end a life because we didn’t even want to try?   I am sure most people will agree with this statement.  I think the real reason why more dogs aren’t “repaired” is just a genral misunderstanding of how to approach these type of dogs.  It is my experience that many shelters, animal rescue organizations, and humane societies are not given the education and tools necessary to handle and rehabilitate these types of dogs effectively so they can get a chance at a new lease on life.  Believe me, if I could, I would personally rehabilitate every dog on the planet that was in a shelter!  I would even create a safe haven for dogs that may not be suitable for most people, but can still find some level of contentment in their lives and can live with professional handlers that can accomodate thier needs.  Fortunately, these dogs are far fewer than most would expect.  The majority of dogs with agression can make a complete turnaround with some understanding, paitience, and time. 

I have found that by giving case studies of dogs I have helped rehabilitate, it instills hope in people who may be experiencing a similar situation but dont know how to go about  handling it or for those who have seen a “professional dog trainer” and think nothing else can be done…these stories are for you!

A dog named killer:

     OK, with a name like that, you would think he already had 2 strikes against him…Try like ten!  Killer was a large male German Shepherd Dog who was born in puppy mill and wasn’t adopted until he was nearly one year old.  All that time he lived in a 4×8 pen with limited access to humans and other dogs that would have provided the socilization at the most important stages of his development.  In addition, he was separated from his littermates at an early stage (as per the breeders confirmation) he also was sprayed with a squirt bottle as an attempt to curb his excvessive barking.  As I have mentioned, and will continue to, this is a terrible way to train dogs.  It breeds agression.  Once Killer was bought by his original owner, the real nightmare began!  He was timid but tolerant when he first met the owner so he felt he wouldn’t be too difficult to train.  Once they got home, it was a different story.  Killer immediately wanted to claim his new owner’s home as “his”.  He instantly showed aggression in numerous situations including, mealtimes, greetings at door, any time the owner tried to control him on a leash, on beds/couches, and whenever he was cornered.  Killer was not inherantly aggressive, he was just insecure by not being able to socialize properly when he was a puppy.  This would have given him a sample of the world while he was a puppy so as an adult he was better acquainted with life and its events.  On top of the lack of socialization, Killer was also a dominant dog.  As I have stated before, dominance is not synonomous with a “bad dog” or “agressive dog”.  It just means the dog is wired genetically to be a leader, that with the right development would make an easy to train, confident, and sound dog.  Unfortunately, with no exposure to any stimulus along with the squirt bottle to fuel the fire, it was now not in Killers mind to see that submitting to a human owner would keep him safe in his insecure state of mind.  The contrary is actually true.  By him “letting go” and letting us take over his life for him, he can now feel an instant sense of security by us being able to play the role of protector for him.  Once the dog senses our ability to establish this role, his mind will relax enough for him to now start learning about the things he didn’t get a chance to when he was a puppy.  Now the socialization process begins.

Back to Killer.  So, as you would expect the first owner decides to send the dog back to the breeder because he didn’t want to deal with it and was downright scared of the dog.  A few months went by and he was adopted by my clients.  There was nothing they wouldn’t do for Killer.  If he barked, they asked “how high?”  He never got leashed because “he didn’t want to”, if he didn’t like a guest who came over, they simply put him out on in the yard, he always got to sleep on the bed, and when his owner wanted to get in the bed, all he had to do was growl a little, and it was another night on the couch for his owner.  The funny thing is, that is the most they saw out of Killer in terms of aggressive behavior.  Why is this?  Simple.  They fit within Killer’s “bubble of control”.  He did not find a need to display the type of aggression he showed to his first owner when he challenged him because his new owners played slave to his issues. To call me it finally took him severly biting a friend of their teenage daughter when she tried to engage him into a play activity, Killer did not like being told what to do, even in a play context, and he decided to let her know it!  When I first met Killer he immediately went after me even though I was at least 20 ft. from him.  Because I do what I do, my energy is slightly different than an average person to a dog.  For the most part, this energy relaxes and makes a dog respond to me positively.  Every once in a while, the dog feels it as a challenging energy as it would be perceived by another dominant dog.  Since I was in no way close enough to pose a “challenge” to him,  this told me he was an extremely insecure dog.  I took him in and began working with him using a modified version of one of those poles animal control uses to handle difficult dogs.  Like the ones on Animal Cops, except I use a leash material instead of the wire cord animal control uses so I can train the dogs while still keepins myself safe. I began the leadership establishment process.  At first he fought me, but as he learned two things: 1) I wasn’t going to run away from his aggression, in fact, the more aggressive he became, the more I worked him and the calmer I got.  This was a much needed counter-approach to the emotional and excited “retreat” response most gave him.  2) Because he saw not only that I wouldn’t back down, but also I did it well, he relaxed within minutes and began to trust I “knew what I was doing”.  After a couple of sessions with him he began to see me as his new leader.  The first true leader this dog has ever had in his life.  What a difference a change in opinions makes!  He now wagged his tail whenever I would approach his kennel, he couldn’t get close enough to me for affection, he learned commands lightning fast as if he knew it would only please me more and gain more acceptance into my new pack I have created for him.  Why this 180 degree turn?  Because I handled him according to his needs.  It took that initial power struggle for him to see that I knew his game better than he did.  Once I established this he respected me.  Becasue of this respect, I took over his role as leader.  He now didn’t feel the overwhelming burden of controlling anything and everything in his world.  This simplified his life dramatically and allowed him to relax in my presence.  Not once after the intial resistance did I ever see an agressive behavior in Killer the dog.  After a week or so of leadership training I began the re-socialization proces.  Again, by re-introducing once nervewracking experiences to him with me as his leader/protector, he opened his eyes to the fact that dogs, people, and new experiences were not actually a threat to his well being!  By giving him steady exposure to these things with a calm mindset, he actually began to see new things as something to look forward to and not something to constantly be anxious about.  Eventuall, he didn’t even need my presence to help him with this transition, he obtained enough social skills to handle new and previously scary situations on his own.  As is usually the case, the aggression, which was really just a symptom of his insecurity and fear disappeared.  If a dog that at first wanted to “kill me” (no pun intended) could become my best friend, then so can yours, or the dog at the shelter who just doesn’t understand what a great leader someone can be to them yet.  

Killer’s owners were now able to trust him around strangers, (and they got their bed back).  They also decided to change his name to Chance to reflect the second chance he received in life.

by: Brett Endes

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Is Your Dog Addicted?

Great Article by  Karla Gardner Hamlin

Is Your Dog Addicted?

  Is Your Dog Addicted?
(Addictive behavior in dogs which can sever the bond with their family)
By Karla Gardner Hamlin,BS, Registered Veterinary Technician

You may already be in trouble if you did not study the history and purpose of your purebred dog before you brought him home. Your failure to diligently manage your dog to prevent his characteristics from growing into dangerous obsessions could seal your dog’s fate.

You may think you did everything you could to successfully raise your dog. Following well-meaning veterinary advice, you did not to take him out until he had all of his shots at four months of age. You had him neutered or her spayed. You went to obedience classes to teach the dog to respond to commands. Yesterday, your two-year-old rottweiler bit your neighbor when the guy reached over the fence to pat him. Your hound roared and snapped at you when you tried to pull him away from something interesting that he had found on the ground. Your border collie knocked a child off of a bike and now his parents are suing! Your husky ran away again. Your labrador retriever pulled your newly planted trees out of the ground and jumped into your neighbor’s swimming pool the other day. Your advanced obedience titled german shepherd won’t let strangers on your property. The neighborhood has drawn up a petition to make you get rid of your barking beagle. What is going wrong?

You, the owner, have a very important responsibility to be aware of the traits common in the breed you have chosen to live with. Most domestic dogs were selectively bred to perform work. Breed books tell you of the common characteristics and tendencies of each breed. The missing link in the information chain is how to properly manage the upbringing and containment of the dog to avoid triggering problem behavior on which the dog can get hooked. Dogs actually derive pleasure, a charge, or a high from doing the task they were bred to do. With every opportunity to participate in the genetically built in desire/drive, the dog becomes more charged for the next opportunity. Doing the task for which the dog was selectively bred can be euphoric for the dog, an unrivaled high.

The territorial dog gets a thrill from running people and animals off his property. With each successful effort, his enthusiasm for doing this increases. For example: The first time the territorial dog is aware of the mailman, the dog may bark. The mailman always goes away and the dog thinks his bark made that happen. As the situation repeats itself daily, the dog becomes more aggressive. The bark deepens, the dog may growl and jump at the door or the window, hair may stand up on the dog’s neck, and the dog may stare strongly at the mailman. As a dog becomes mature, at about two years of age, he is more able to bring serious aggression to bear on intruders when he perceives a threat. The drug of his choice is territorial behavior.

The frustrated herding dog chases the lawnmower, the vacuum, the jogger, the car, etc. He looks forward to opportunities to chase something or someone. The herding dog was selected for breeding based on his skill at herding cattle or sheep. There is joy in the chase and without sheep or cattle, these other things will do. This behavior can also be done with some fervor, as the dogs sometimes bite the sheep or cattle if they do not move. The dog’s ability to see things moving that he cannot chase often bring about hysterical barking. This dog’s high comes from chasing.

The scent hound is turned on by scent of game. There is nothing better in this dog’s life than the opportunity to follow scent trails. When hunting game, the dog’s focus is totally on the sense of smell. Once the hound begins trailing rabbits, pheasant, etc. He is energized by the hunt. Talk to anyone with a bloodhound. If you interfere with his work, he can become very aggressive. He will not hear or heed anyone’s call while tuned in to the trail, until that trail is lost. Given the chance, he will learn how to dig, climb and get through any barriers in his way to the game. He gets his hit from scent.

The terriers are very attuned to small game and rodents. They were selectively chosen for their ability to root out and kill rats, fox, mink, snakes, etc. from their homes in the ground and rock ledges. While following the underground tunnels, they would bark, keeping their owners informed of their whereabouts. In their frustration if there is not game in the immediate area, they may stalk flies and spiders. They love to dig and locate creatures in the ground. If this behavior is triggered, they may become obsessed with digging and barking.

The sporting breed dog, like a lab, is full of energy, which is genetically programmed to keep him running in the field searching game. He may be obsessed with birds, snatching any birds he can catch. It is the job of many sporting breeds to retrieve the game to the hunter. For that reason, labs redirect to toys for retrieving and sometimes can be fanatic about it. This is useful to the US Customs department when they use dogs for drug detection at airports. The drive of these dogs to retrieve surpasses all other drives and dogs can do this all day long. As a family pet, he is continually stealing things and seems to always have something in his mouth. He may stalk the robin’s nest in your backyard with intent to catch those birds or their young. His obsession is with flying creatures and retrieving.

The sled dogs are also fairly active and because their job requires them to look straight ahead and run, they are fairly independent and have a great desire to break out and run for the sheer joy of running. A sled dog that spends any time looking back to see his owner is a pretty poor choice for the team. These dogs, especially siberian huskies, are very bright and can learn to open gates to facilitate their escape and their much-loved run. If confinement is insecure, dogs begin to learn all sorts of ways to get out (climbing, digging, twisting just right on their chains, opening simple latches on doors, pushing at doors and gates). If coming when called means capture and confinement, they will avoid coming at all costs. Escape, independence, and running are addictive and dogs seek out opportunities to go.

The water rescue or water retriever is very enthralled with water and pools. Once he has had the opportunity to swim, and knows where the water is, he will look for every opportunity to be in the water. That is what he was programmed through his genes to do. You may find him in your bath tub, the children’s wading pool, the sprinkler, or breaking out to go to the nearby creek or pond for a swim.

Fighting dogs are predisposed to challenge and wrestle with other dogs and animals. As they are wrestling to control and not to make others go away, their biting behavior is not defensive. The bites are not just a nip, but rather a grasp and hold. Once fighting dogs are given the opportunity to fight, they may look forward to the next opportunity with great anticipation. Dogs that fight are often eager to mix it up with another dog. This too, is addictive to the dog.

Many dogs are prey driven. Prey driven dogs tend to chase things that move fast. They may be seen stalking the object of their interests. When they grasp the object, they often shake it, which would serve to kill game, as the dog’s wild ancestors did. It is often assumed that the game pit fighting dogs are motivated by prey behavior. They can really get hooked on it, if given the chance.

Defense driven dogs are those who are suspicious of anything abnormal around them. They are often quick to stiffen, raise their tails, bark, stare, hackle up, show teeth, and growl to make threats go away. These dogs trigger on people who move toward them, stare at them, stand or reach over them, speak in a gruff voice to them, etc. Prior to maturity, these dogs will try to bluff to get people to stay away. After maturity, they will be more willing to approach and carry out a bite to make people go away. These are not fear biters that engage in this behavior only when there is no other option. They get a charge out of challenging and overcoming others.

The whole purpose of this article is to persuade you to take preventative action to protect your dog(s) from potentially disastrous inherited characteristics. The unfortunate mismanaged dog acts out behaviors that make him unwanted or very difficult to keep as a pet. It would be very unwise to take a highly territorial breed and keep it in a fenced yard on a corner lot in an urban area as it grows up unsupervised. As neighbors attempt to quiet the unacceptable barking by shouting, throwing things, and menacing the dog, the behavior mushrooms. The precious temperament of the dog can be damaged irreparably by inappropriate actions from passers by, mail personnel and delivery people, as well as neighbors. All in all, it is not the intruder’s fault. It is the fault of the your failure to manage the dog properly.

It is sad and frustrating to hear from people who did not properly socialize, confine, and supervise their dogs after the dog has bitten or injured people, or attacked and seriously injured/killed other dogs or livestock.

Puppy classes, taught by qualified people, can be a step in the right direction. The critical socialization period for domestic dogs has been established in the literature as the ages from four weeks to twelve weeks. After socialization in the litter and with mom up until 7-8 weeks of age, the socialization must continue with the rest of the puppy’s world. It is at this age that puppies need to be exposed to the activities that puppy may be required to deal with as an adult. Make sure he has been vaccinated for his protection. The puppy needs positive experiences with safe dogs, people of all ages and types, different environments and floor surfaces, and the noises of life, be it noisy city, or quiet country. He needs to ride in the car and learn to play and interact with people with acceptable toys and behavior.

If your dog is never given the opportunity to engage in inappropriate behavior, and the natural drives and energy of the dog are depleted through interaction with you by way of games and exercise on a regular basis, you can prevent your dog from becoming a liability. Study the breeds, talk to breeders, make the right choice based on your home and family and time you have to spend on the dog. Take the pup to puppy classes, have it spayed or neutered, train it to respond to basic commands, and confine it securely when you can’t be present to supervise it directly. Do not leave your adolescent dog outdoors when you are not home or able to watch it. Supervise its interactions with people, and other dogs, and animals. Don’t give it the chance to become a livestock killer, a car chaser, a fence jumper, or a biter. Manage your dog to prevent life-threatening addictive behavior. Dog pounds and shelters are full of adolescent dogs whose unenlightened owners have failed them due to mismanagement. The first two years of a dog’s life are often the most trying, but good management will result in a pet you can enjoy for many years and be proud of.

Contact Karla Gardner Hamlin
14028 Self Road
Bowling Green, OH 43402 9225

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The Over-Positization of Dog Training

Wednesday, September 12 2007

Time and time again I get calls from people who are so intent that they “understand their dogs” and cant comprehend why they are dealing with the problems they are experiencing. I then will ask if the dog has had any training, and it never fails…”yes, we had them in petsmart/petco/clicker classes. That is all I need to know! Ok, here’s the deal: Operant conditioning and training(A.K.A. clicker/positive reward training) is a wonderful teaching tool and is a useful tool we can use when training our dogs. However, just as a carpenter doesn’t come to work with just a screwdriver, we as trainers and handlers must come equipped with a “full tool box” as well.

Don’t get me wrong, I think any dog can stand to benefit from any type of training, it is just that dogs with a more complex personality who see the world as if everything is there’s when they want it, including food, (this is about 99% of my clients!).  Dogs with this personality type are expecting a treat, so basically you are “rewarding” a dog who sees the world through these eyes for a desired physical response(ie: Sit) but in their mind, they only see that you are allowing them to snatch food from you, which by instinct, they would never due to real dog who was a leader they respected. So basically, the dog feels it is being rewarded for a dominant behavior. This is where it gets tricky… Because the act of taking a treat from our hand is innocent by nature to us as humans, plus we think we are rewarding the dog for listening to our commands, when all the dog sees is you are encouraging a behavior that would never slide in the dog world.

Now this doesn’t mean treats are off limits for any dog, and some dogs even benefit from this training tool. But we must see it as a tool that compliments a deeper understanding of the nature of dogs. Especially dogs with higher training requirements.

OK, so what do we use then to get our dogs to respect us and stop the problem behaviors? Three words: Energy of Understanding What is this? Energy of Understanding is a sixth sense energy that all living things communicate by. You ever get a feeling about something? Your “gut instinct”? That is sixth sense energy. Most animals use this first and foremost when communicating with one another and with other species as well. (How else does the cat know when the dog is about to chase them before the dog even bats an eye?) So, dogs constantly receiving our signals, good bad or indifferent. They in turn, are sending us signals back. Which if read correctly, can be the most powerful training tool you can use when communicating with your dog. Unfortunately, most humans are not in touch with this energy, or at least not when it comes to projecting it towards their dogs. This is what I teach people, because techniques, tools, or methods only go so far. We must put our “leader energy” into the environment to effectively communicate with our dogs that we have things figured out better than them and they can relax, knowing that we are in charge. Once our dogs believe in our energy, the problem behaviors associated with too much responsibility goes away and our dogs are content and receptive to you, no matter what method you use.

Here’s the debate.  Hence the title of this article, many think that “if you aren’t being positive, and treating dogs like “little humans” you are being mean to the dog”.  Have you ever seen dogs interact in an environment where humans aren’t present? It is a 24-7 play on status. Do they bribe each other to show who’s in charge? Do they play in a way or interact in a way that is anything like humans? Not even close. They operate on principles of acceptance and rejection into the pack whether dominant, submissive, or neutral. Why would it be any different when they are trying to communicate with us? Dogs have no understanding of the differentiation of species and to them, everyone speaks dog and follows the laws of the dog world.  Again, I cannot stress enough that we should love our dogs, treat them humanely, and cherish them, we do not use outdated forceful methods.  We create a mutually beneficial relationship based on respect and communication only because of one simple fact: Dogs just don’t see things the way our human psychology wishes it would.  That is just it, because dogs have been living in such close quarters with us for so long, they have become part of the human experience.  This makes it difficult for us to see things the way they do because they fulfill a need within us for companionship and of course, you wouldn’t act dominant towards your best friend…would you?  Once we become proficient actors and create a personality within us that is for the sole purpose of communicating with our dog, and no one else, we now can put our human-ness to the side for a while and be on their level.  Just as a great actor puts their off-screen persona aside while they become their role.  It is difficult at first, but this ability is within all of us as energy projecting beings, so why not use it.

by: Brett Endes

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The Canine Counselor Discusses How To “Lead” Your Way Into The New Year With A Well-Behaved Dog

Boulder, CO. January 8, 2007 – Dog behavior expert, magazine columnist, and dog psychologist, The Canine Counselor, believes it is necessary for dog owners to recognize the importance of turning our new holiday puppies into well-mannered dogs as we enter the new year on January 1st.

“Whether you are bringing home a new puppy, adopting an adult dog, or just want yourexisting dog to be better behaved, it is never too late to teach good habits that will last alifetime,” says The Canine Counselor. “We all make new year’s resolutions, but a fewpractical commands such as SIT, STAY, COME, and some consistency is all it takes to promote a happier, healthier, coexistence between you and your dog for years to come.”

The Canine Counselor offers the five key principles to a well behaved dog:

1. Dogs are different than humans, begin by adjusting the way in which you understand dogs. Be open minded, you will be amazed at how much you can see by shifting your viewpoint.

2. Dogs require time and effort, many potential behavior problems can be avoided by accommodating your dog’s needs, whether it be physical, mental, or emotional.

3. Consistency is the key. If you are not keeping up with things day in and day out, your dog is sure to become confused in your ability to be their “pack leader” and may feel as if they need to assume the responsibilities of human life from time to time. This additional burden is sure to lead to trouble.

4. When selecting a new dog or puppy, it is crucial to do your homework and pick the right dog that matches well with your personality and lifestyle. Many extreme behaviors in dogs are simply the result of poor matchmaking.

5. Begin a regular training program even if you do not feel your dog needs it. The time spent together will provide the opportunity to increase the bond you and your pet share.

Brett Endes is a dog behavior expert and columnist for several magazines including Dogs and Cats Colorado Style. As The Canine Counselor, he is a firm believer in the importance of a well trained dog and the human-dog connection. He utilizes his innate understanding of this to help pet owners become aware of their dog’s psychology and increase the bonds they share.

To schedule an interview with The Canine Counselor, call: 303-325-7961.

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