Obtaining a Recovery in the Courts for Dog Attack; No Case for Dog Bite by “Geese Peace” Dog


 A Long Island judge has dismissed a case where a jogger was bitten by border collie trained to scare away Canadian geese.  See Psomas v. Village of Massapequa Park (Supreme Court, Nassau County, Index No. 15266/06).

The village had placed border collies in its public beach for the purpose of scaring away Canadian geese.  This collie was part of a program called “Geese Peace Program” which uses trained dogs to scare away migrating geese from public parks.  The judge ruled that the dog did not display violent propensities.  Therefore, the court ruled that the jogger had no case.

The border collie showed violent propensities toward geese.  Why could not the court make the leap that the dog showed a violent character?  Should not the court have ruled that is “what is good for the goose is good for the jogger?”

If you have been bitten by a dog, please feel free to call us to discuss your case at 800-581-1434 or letters@seitelman.com.

Mark E. Seitelman, 9/15/08, www.seitelman.com.

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