Pippa Swan BVSc Cert WEL MRCVS
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Case 8 - Young child bitten by dog
1. The subject of dog aggression and bites, especially where children are involved, can
provoke strong reactions. A few highly publicised cases with tragic outcomes have
precipitated rapid changes to the law, with public concern largely being centred on
certain ‘dangerous’ breeds of dog. Debate still continues about the causes and
prevention of dog aggression. Legal action may be taken in relation to a child bitten by a
dog either in an effort to force an owner to destroy or otherwise properly control their
dog or in order to seek damages for their injuries. A forensic vet can assist in linking the
child’s injury to a dog bite, and potentially to a specific dog, in addition to providing
knowledge and insight into the area of how, when and why dogs bite and how the law
regulates the behaviour of dogs.
2. In England in May 2010 to April 2011 there were 6,118 hospital admissions as a result
of being bitten or struck by a dog. In 2008 there were 4 deaths from dog bites.1 There
are also a significant number of more medically minor bites which will not be reported
but estimates of incidence range from up to half of all children being bitten by a dog at
some point,2 or 1.3 to 22 per 1,000 children being bitten by dogs each year.
Epidemiological studies vary but the overall trend is for young children, especially 1
years olds and boys between the age of 4 and 9, to be at higher risk from dog bites.
Children under the age of 6 tend to be bitten inside their own home, those over 6 tend to
be bitten outside the home. Nearly a quarter of bites are carried out by the family dog,
half by a familiar dog owned by a friend, neighbour or relative and the rest by unknown
dogs. Young children tend to be injured on their face, neck and head while older
children are more likely to receive injuries to their lower limbs. Results vary between
1
2
www.nhs.uk/Conditions/Bites-human-and-animal/Pages/Introduction See Appendix 4
ibid
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countries but there is an over representation of large breed dogs involved in biting
injuries, with Pit Bulls, German Shepherd Dogs and Dobermans featuring commonly.
The smaller the child the higher the chance they will be bitten by a small dog. 3,4
3. The first priority when investigating a dog bite is to record the injury. This would normally
be by means of photographs using an appropriate L shaped scale. Any necessary
medical treatment must be given without delay but a representative set of photographs
taken either by a forensic veterinary surgeon, or if more appropriate by medical or police
personnel, should be obtained at the earliest opportunity. In the case of a child parental
consent would be desirable but in certain circumstances may not be required. The
camera, scale and area of the body being photographed must all be in the same plane
to prevent distortion of the image. Lighting should ideally be oblique and the additional
use of ultra-violet light may show up marks or bruising not obvious under white light.
Where the injury is to a highly moveable area of skin, such as the upper arm or leg, the
photographs should be taken with the area as close as possible to its position at the
time of the suspected bite. (See Appendix 1)
4. Dogs have relatively blunt teeth and so will often not penetrate skin. They do however
have powerful jaws which grip the skin then subject it to crushing and tearing. Much of
the trauma sustained in a bite is subcutaneous and can be far more severe than the
superficial wounds would suggest. The extent and severity of injury therefore may not
be apparent immediately after the bite. Evidence of a bite may only be in the form of
bruising and deformation of tissue rather than obvious penetrating skin wounds.
5. Where bite injuries have not already been extensively washed it might be possible to
take swabs to detect the presence of saliva. The presence of saliva may be indicated
under ultra-violet light. A presumptive test for saliva can be carried out on a swab taken
3
J Schalamon et al (2006) Analysis of Dog Bites in Children Who are Younger than 17 Years. Pediatrics Vol.
117 No. 3. 374-379
4 JP Dwyer, TS Douglas, AB van As (2007) Dog Bite Injuries in Children, a Review of Data from a South
African Paediatric Trauma Unit. South African Medical Journal. August
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from the wound or surrounding skin by looking for the presence of the digestive enzyme
amylase using soluble starch and iodine.5 The presence of saliva on a wound which is
consistent with a bite would make it highly likely that the injury was caused by a bite. It
is possible to extract DNA from many saliva samples and this could potentially link, with
some certainty, a particular dog to the injury if a match is found between the saliva and
the dog.
6. Since the majority of children are bitten by a familiar dog it is likely that the dog
suspected of biting will be known and available for examination. Many bites occur during
play or interaction and the dog should be examined for any evidence of injury, a painful
event may have precipitated the bite. Potentially painful medical conditions of the dog,
such as arthritis or skin disease, may also be a factor. An examination of 103 dogs
referred for behavioural training after biting children showed half had medical conditions
which may have been relevant factors.6 A full clinical examination should therefore
include x-rays and a basic panel of blood tests. Where a clinical history of the dog is
available there may be relevant clinical factors or a history of aggressive behaviour. An
assessment of behaviour can be made during the clinical evaluation, aggression might
be shown and anxious dogs are possibly more likely to bite when feeling threatened
about resources, territory or by noisy and unpredictable child behaviour.7 For an in
depth analysis of a dog’s behaviour or tendency towards aggression referral to a
behaviour specialist with experience of biting dogs would be necessary.
7. Measurements of the dog’s dental architecture should be taken to try and find any
common features between the bitemark and the dog in question. This can include
photographs, using a scale, to show the dimensions of the dental arch, ie the distance
between the teeth on the left and right sides of the mouth, any missing teeth and the
5
Jackson and Jackson (2011) Forensic Science. Pearson. p153
BMJ Specialty Journals. "Dogs That Bite Children Have Often Not Bitten Kids Before." ScienceDaily, 2 Oct.
2007. Web. 11 Nov. 2011.
7 ibid
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presence of any abnormally positioned teeth. Dogs’ dental arches are ‘U’ shaped and
bitemarks would be expected so show this pattern. (See Appendix 3) An impression
could also be taken of the dog’s bite into a conformable substance, specialised dental
materials are available but a representative model can be obtained using plasticine.
(See Appendix 2) Using a transparency laid over the model, or a 1:1 image, an outline
of the teeth can be copied and used to lie over a 1:1 photograph of the injury to see if
the dimensions and characteristics correspond. While it may not be possible to confirm
that the dog in question definitely inflicted the bite it could be possible to exclude a dog
as not being capable of inflicting the bite because the dental arcade is obviously too
large or small. (See Appendix 1)
8. Because of concerns about their size and potential for aggressive behaviour certain
breeds of dog have been banned in the UK under the Dangerous Dogs Act 1991
Section 1. The behaviour of all other breeds of dog, when they are in a public place or a
place where they are not allowed, is regulated by Section 3. Legal action may be taken
against the owner or person in charge of the dog if it is dangerously out of control
causing fear and apprehension of injury, if actual injury occurs then the offence is
aggravated. In England when dogs are in a private place their behaviour is covered by
the Dogs Act 1871, under Section 2 any dog who is dangerous or not under proper
control may be the subject of a control order from a magistrates court which can require
certain control measures or the destruction of the dog. The more minor offences relating
to dogs are generally enforced by local authorities, the more serious ones by the
police.8 Civil claims for damages may also be made in relation to injuries caused by
dogs.
9. In Scotland the Control of Dogs (Scotland) Act 2010 aims to improve control of dogs
and prevent injury by focusing more on dog behaviour than physical type. It also widens
8
Dangerous Dogs Law Guidance for Enforcers. March 2009. DEFRA
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the application of the Dangerous Dogs Act by applying it to private property rather than
just public. The Control of Dogs (Scotland) Act is enforced by local authorities and
allows them to issue Dog Control Notices to owners requiring certain steps be taken to
prevent any future antisocial behaviour.9 In Northern Ireland, where dog licences are still
required, the Dogs (Amendment) Act (Northern Ireland) 2011 has further strengthened
the powers of District Councils under the Dogs Order (NI) 1983 (already amended by
the Dangerous Dogs (Northern Ireland) Order 1991) to attach control conditions to an
owners dog licence and prosecute owners who’s dogs injure others. 10
Appendix 1
Illustration of photographic record of bitemark and dog’s dentition.
9
Guidance for Local Authorities and authorised officers on the Control of Dogs (Scotland) Act 2010. 24
February 2011. The Scottish Government.
10www.dardni.gov.uk/index/faq/dangerous-dogs-questions.htm See Appendix 5
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Appendix 2
Impression of bite demonstrating size and position of dental architecture (a human
bitemark). A transparency can be laid over this, the outline copied and compared to the
injury in question.
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Appendix 3
Canine dental arcade demonstrating ‘U’ shaped arcade and relative positions and sizes.
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Appendix 4
Introduction
Dogs with no previous history of biting can sometimes bite. So you should never leave a
child unsupervised with a dog, regardless of what type of dog it is or its previous
behaviour.
Animal and human bites are a relatively common type of injury. In most cases, the
wound that results from an animal bite is minor and can be treated with simple first
aid techniques, such as:
•
cleaning the wound immediately by running it under warm water
for 10 minutes
•
encouraging the wound to bleed by gently squeezing it, unless it
is already bleeding freely
•
using painkillers, such as ibuprofen or paracetamol, to help relieve
the pain and inflammation
See Animal Bites - treatment for more information and first aid advice.
Animal and human bites need medical attention, unless they are very minor. This is
because the wound can become infected with bacteria.
See Animal bites - symptoms for more information and advice about when to seek
medical attention.
How common are animal bites?
It is difficult to estimate exactly how common animal bites are in England because
many people do not seek medical treatment for minor bites.
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According to a report by Hospital Episode Statistics, there were 6,118 hospital
admissions resulting from being bitten or struck by a dog in England in May 2010April 2011.
The most common types of animal bites are:
•
dog bites, which account for around 80% of cases
•
cat bites, which account for around 15% of cases
•
human bites, which account for around 5% of cases
Dog bites
Dog bites are most common in young children, particularly boys, who are five to
nine years of age. It is estimated that around half of all children will be bitten by a
dog at some point during their life. The dog involved is usually either a family dog or
a dog that belongs to a friend or neighbour.
Human bites
Most human bites occur during a fight, usually when one person punches someone
else in the teeth. These are often referred to as closed-fist bites or ‘fight bites’.
Men aged 16-25 years are most likely to experience these bites.
Outlook
Usually, the injuries from dog bites are minor and can be treated at home.
Reports of serious dog attacks, usually involving young children, receive a lot of
media coverage. However, such cases are very rare in England: in 2008, there
were four deaths as a result of dog bites.
Cat bites and human bites also usually only cause minor injuries, although they do
carry a higher risk of infection. Therefore, treatment with antibiotics may be required
as a precaution.
Complications that arise from animal bites are uncommon, but if they do occur they
can be serious. For example, one possible complication is a bacterial infection that
spreads through the bloodstream, known as sepsis.
1 show glossary terms
Antibiotics
Antibiotics are medicines that can be used to treat infections caused by microorganisms, usually bacteria or fungi. For example amoxicillin, streptomycin and
erythromycin.
Blood
Blood supplies oxygen to the body and removes carbon dioxide. It is pumped
around the body by the heart.
Last reviewed: 24/03/2010
Next review due: 24/03/2012
Appendix 5
Dangerous Dogs Questions
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The Department is responsible for the legislation for the control of dogs, and local councils
for its enforcement. Recent public concern on the control of dogs has raised questions What legislation governs dangerous dogs in Northern Ireland?
The control of dogs is governed by the Dogs Order (NI) 1983 (as amended by the
Dangerous Dogs (Northern Ireland) Order 1991 and the Dogs (Amendment) Act (Northern
Ireland) 2011). Dog fighting and baiting are also offences under the Welfare of Animals
Act (Northern Ireland) 2011.
What are the main provisions of the Dogs legislation?
The Dogs Order provides for licensing of dogs by District Councils and the registration by
District Councils of guard dog kennels and breeding establishments. The legislation sets
out provisions with respect to control of dogs, stray dogs and makes it an offence to
attack a person or to worry livestock.
The 1991 Order designates certain types of dogs that it is an offence to breed from, sell or
exchange.
The Dogs (Amendment) Act 2011 updates the 1983 Order. The Act introduces provisions
which make microchipping of most dogs compulsory, gives powers for dog wardens to
attach control conditions to a dog licence for problem dogs and makes it an offence to
have a dog that attacks and injures another person’s pet animal.
What types of dogs are prohibited under the legislation?
The legislation prohibits the types of dog known as pit bull terrier, Japanese Tosa, Dogo
Argentino and Fila Braziliero.
Who is responsible for enforcement of the legislation in Northern Ireland?
In Northern Ireland it is the responsibility of District Councils to enforce the Dogs Order,
including the provisions regarding dogs bred for fighting.
What action can be taken if a person is found to own or keep a dangerous dog?
District Councils are responsible for enforcing this legislation and may seize any dog that
appears to be a banned type and which is in a public place.
What happens if a dangerous dog is kept on private property?
Where an enforcement officer has grounds to believe that an offence regarding a
dangerous dog is being committed, the officer can seek a warrant from a magistrate to
enter any premises to search for and seize a dog.
What are the penalties for owning a dangerous dog?
The maximum penalty for owning a banned dog type is, on conviction, up to 6 months
imprisonment, or a fine of up to £5,000, or both.
What happens if an owner disputes that a dog is a pit bull terrier?
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In the legislation, dangerous dogs are classified by type, not by a breed label. This means
that whether a dog is considered a dangerous type, and is therefore prohibited, will
depend on a judgement about its characteristics, and whether they match the description
of a prohibited type. This assessment of the characteristics is made by a court. However,
if it is alleged by the prosecution that a dog is a banned type, it will be assumed by the
court that it is, unless the owner can provide the court with sufficient evidence to the
contrary.
What action can be taken when a dog attacks a person?
The legislation allows a court to make an order directing that a dog be destroyed or to
specify measures that need to be taken to ensure that the dog is not a danger to the
public (e.g. muzzling).
Enforcement officers may seize any dog that appears to be attacking a person. Attacking a
person does not only mean where a dog bites someone for example, but also includes
where are dogs behave in such manner so as to cause a person apprehension of being
attacked. If your dog does injure the person attacked, you could be sentenced to two
years imprisonment and a £5,000 fine.
What action can be taken when a dog attacks another animal?
If your dog worries livestock you are guilty of an offence punishable by a fine of up to
£1,000. Worrying livestock does not just mean attacking or killing cattle, sheep and so on.
If your dog chases livestock in such a way as could reasonably be expected to cause any
form of suffering to the animals or a financial loss to their owner, it will be considered to
have worried the livestock.
If your dog attacks and injures another person’s pet, you are guilty of an offence
punishable by a fine of up to £1,000. And if you deliberately set your dog on livestock or
another person’s pet you could be fined up to £2,500.
What is the position with respect to keeping dogs on leashes or having them
muzzled when in public places?
As well as any conditions imposed by a court where your dog has attacked a person or
worried livestock District Councils can, under the Local Government Act (NI) 1972 make
bye-laws and it is common practice, for example to make bye-laws which require dogs to
be leashed in parks and also provide for penalties for fouling outside designated areas in
parks for example. There are also provisions under the Dogs Order for dogs to be kept
under control.
Council dog wardens can also impose control conditions where certain breaches of the
Dogs Order have occurred (whether or not you are prosecuted for those breaches).
If your dog has strayed, attacked a person, livestock or someone else’s pet, or been out of
control on certain specified roads or on land where there is livestock, a dog warden may
issue a notice requiring you to keep your dog:
•
muzzled when in a public place;
•
under control (that is, on a lead held by someone strong enough to restrain the
dog) when in a public place;
•
securely confined in a building, yard or other enclosure when not under control;
•
away from any specified place or any type of place; and
•
neutered (if male) within 30 days of the date on which the notice comes into effect.
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Further guidance for dog owners is available from the NI Direct website
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