Showing posts with label liability. Show all posts
Showing posts with label liability. Show all posts

Wednesday, November 23, 2016

When the Dog Bites

The back of my right calf, courtesy of a dog

I am not usually hard up for material anyway, but occasionally something happens in my personal life that disturbs me enough to prompt a post. I was bitten by a dog the other day. Yeah, that will get your attention, even if it was a little yippy-yappy thing. In the wake of the event, all my other encounters with aggressive canines came flooding back along with long-buried hostilities and unresolved conflicts.

I take a walk through my neighborhood almost daily, and Thursday, November 17 was no exception. At one point in my route, which I have passed countless times, a pair of small terrier-like dogs were playing in a yard. As I passed on the sidewalk, they barked and gave chase, nothing terribly alarming....until I felt pressure and a mild sting on my calf. I was so surprised that the little nipper may have gotten me again, though not as acutely. I backed out into the street shouting "Hey!" numerous times, loudly.

A neighbor across the street was silently raking leaves and witnessed the incident. He might as well have been a statue. I asked if he knew who owns the dogs, and he pointed to the next house. Indeed, the pair of pooches ran there next, still barking. The one that bit me made efforts to do so again. More shouting from me, into the open garage of the owner's home. Nothing.

I finally shouted the house number and told them they needed to get outside. A petite Hispanic woman eventually emerged. I told her rather angrily that one of her dogs bit me. She told me to "calm down," and barked commands in Spanish that sent the mutts running into the garage. I repeated, even more assertively, that one of her dogs bit me. As she made for her garage I said she better pray that I don't get an infection out of it; and she muttered back something to the effect of "I hope you don't get an infection, too." I'm giving her the benefit of the doubt that is what she said, anyway.

Upon returning home in snow and rain, I discovered that at some point my mobile phone had been lost. I exchanged my coat for a rain jacket and headed back out. I found my phone easily, and though it was wet it was still operational. Now, I finally turned my attention to the bite, and found that despite heavy jeans, it had broken the skin. The bite most resembled an abrasion, though, so I didn't treat it except for showering later.

Taking to social media, I found out that, by law, you must report pet bites to the proper authorities. Here in El Paso County, Colorado, the Humane Society takes care of that. I answered a few questions and told them I had no malice toward the dog, or even its owner, despite her unsympathetic nature. I hoped the dog would not be removed for quarantine and was assured that a ten day in-home quarantine was standard.

It was interesting to read some of the responses to my post on Facebook. Some of my friends were only mildly sympathetic, too. Several even gave the thumbs-up "like" to my status. Not sure why I deserved that. Others commented that "at least it was a canine [and not a cat]." Cat bites are really bad news, I'm told. I politely replied that I am not generally in fear of being attacked by felines during my walks.

The whole cat versus dog thing is really starting to get my dander up. Far more people pile on the cat-hater bandwagon than even acknowledge the danger that unrestrained dogs pose to other pets, wildlife, and people. Then again, we all know that the only "good doggie" is yours, right? I am guilty, too. Logan was an adorable dog. All the other canines in the neighborhood were pretty much Cujo. I recall occasions in which I had to maneuver myself between Logan and some off-leash, unfriendly dog to avoid something heinous from happening.

I do believe pet-related laws need more tooth to them; we need harsher punishment for irresponsible pet owners, dogs or others. I am not a mace-carrying, knife-wielding, or gun-toting pedestrian, and never intend to be; but, bear in mind that the demeanor of your pet speaks volumes about you, too. I am not inclined to have a positive opinion about your personality if your dog is belligerent, loud, and otherwise obnoxious. Forgive me if I don't believe you when you say "he won't bite."

Tuesday, February 1, 2011

Risk

Living on Earth is a risky business. The planet is full of natural hazards, and manmade hazards pose even more threats to life and limb. Unfortunately, American culture seems to approach the concept of risk without one wit of rationality. The results include a ridiculously litigious society, proliferation of gambling establishments, and increasingly poor management of parks. We desperately need a re-assessment of what defines risk, liability, and responsibility.

It may help to categorize different types of risks. I have taken the liberty of making up my own categories simply to illustrate important points about each type. Here they are, in no particular order:

  • Stupid Risk. These are risks that each individual has a choice in making, and most are what one could call “recreational” in nature. Examples might include extreme sports, gambling (from casino games to bingo to the state lottery), and investment in the stock market. Astonishingly, American culture glorifies this type of behavior. We even televise the “Winter X Games” and Jackass. States not only participate in multi-state lottery games, but actively advertise them. At least some advertisements for investment firms include disclaimers when it comes to their guarantees of success.
  • Imposed Risk. This is the kind of risk that I find most offensive. It encompasses mostly corporate activity whereby the risks are largely borne by the people least likely to be able to comprehend and fight them. It also imposes risks to the environment. Mining and hazardous waste disposal are two obvious examples of this kind of risk. Factory farming may be another. Some might consider genetically modified organisms (especially food crops) to be in this category. Wendell Berry has consistently made eloquent arguments for why we should be intolerant to such practices, citing in his many essays the problem of “absentee ownership” of land by corporations. The impact of a coal mine, for example, is felt at the site, by the rural population that lives there, not by the corporate executives in far-off urban locales.
  • Insurable Risk. These are the risks with which we are perhaps most familiar, at least at a personal level. It applies to life, health, property, and vehicles, as well as to potential disasters such as fire, theft, and flooding. Ok, maybe not flooding these days. We can get “coverage” to be able to recoup our losses in the event of some kind of traumatic event. It mostly applies to material goods you will notice, and you might not be able to get insurance for your own health should you have a “pre-existing condition.” Such cases are usually beyond one’s control, determined generations prior through genes. Wonderful.
  • Legal Risk. This kind of risk is largely defined by the question “Can I be sued for that?” We are collectively intolerant of the most improbable of potential accidents; and conversely eager to file a lawsuit over event outcomes for which we abdicate our own responsibility. We apparently agree that “stupid risks” are completely acceptable, even to be encouraged, whereas “legal risks” are totally unacceptable and must be prevented from occurring at all costs, literally and figuratively.

Our entire society appears to be liability-driven these days. I see the effects of this in the changing landscape of our urban parks. Here in Tucson, Arizona, we frequently use agave plants in landscaping along roadsides, on college campuses, and other public areas. These succulents are also known as “century plants” because they bloom so infrequently. When they do, they send up a very tall, dense flower spike crowned with glorious golden blossoms that make the long wait for the floral fireworks worthwhile. The bigger the plant, the taller and more spectacular the central spike. Unfortunately, the taller the spike, the more potentially top-heavy it can be. Guess what. At the first hint of instability, the landscapers hack down the spike. Frequently they uproot the entire plant. This is happening in an increasingly pre-emptive fashion whereby the plant doesn’t even get the chance to bloom beyond green buds.

When I lived in Cincinnati, Ohio in the 1990s, I found the same approach to dead standing timber. God forbid that one of these boles might topple over onto a hiker, or, worse yet, somebody’s vehicle. Too bad that cutting down the potential Tree Trunk of Doom renders homeless cavity-nesting birds, countless insects, mushrooms and other fungi, mosses, and other organisms essential to forest ecosystem health. How about filling in the *$#@! Groundhog holes instead?

The warning sign pictured at the top of this post is in the Sabino Canyon Recreation Area just north of Tucson where mountain lions are seen with some degree of regularity. The increasing pressure of urban development from the south met the devastation of the Aspen fire from the north back in 2003. There was suddenly nowhere for far-ranging mountain lions to go, and three cats were frequenting Sabino Canyon a year later (see this link for more). Last time I checked, nobody was forced to go hiking, jogging, running, or site-seeing in Sabino Canyon, yet the improbable risk of a mountain lion attack was deemed unacceptable. The first suggested course of action was to kill the cats. This was met with such hostility that Arizona Game & Fish officials had to quickly retract the plan. The Recreation Area was subsequently closed for a brief time and at least one cat was captured and turned over to a wildlife rehabilitation center near Phoenix.

We must ask ourselves what is truly unacceptable risk, and learn to start tolerating random acts of nature that are beyond our control. Don’t venture out if it isn’t worth the risk to you, but don’t punish the rest of us. I’ll happily sign a waiver for the chance to brave prowling pumas at Sabino Canyon.

Thursday, July 9, 2009

Mow to Hell

Remember those foxes living behind my residence that I showed you about a month ago? Fat chance I’ll ever see them again. They are (were?) living at the edge of an enormous vacant area that is the former site of a pickle factory, long since torn down. The weeds, wildflowers, and sapling trees had grown up fairly tall, perhaps owing to the large amounts of rain we’ve been getting here in South Deerfield, Massachusetts. Well, apparently we can’t have any of that. Tonight I discovered that somebody in a tractor (the tracks were evidence of that) mowed the entire area. That act has effectively ruined my after-work life of exploring in these days when the sun lingers until around 8:30 PM.

Citizens of the United States have become entirely too good at destroying urban, suburban (and increasingly, rural) wildlife habitat in the name of cosmetic appearance and liability issues. It is this latter notion that has really gone over the top. God forbid that a mosquito carrying West Nile virus, or a tick harboring Lyme disease should be lurking in the tall grass waiting for some poor soul to walk by. We certainly can’t afford to have a dead tree fall on a parked vehicle, or the roots of a living one buckle the sidewalk where a person could trip and fall. We collectively no longer tolerate risk of any kind from natural sources.

Meanwhile, our culture celebrates stupid risk, be it the stock market, legalized gambling, or extreme sports. Nature must be conquered in eco-challenge reality shows, but the natural world must not be allowed to fight back.

Neighborhood associations and government municipalities are also keen on instituting codes of uniformity for the appearance of yards, gardens, lawns, playground structures, and the exterior of homes and buildings. The result is a sterilization of nature, the introduction of hoards of exotic ornamental plants and their associated insect pests, and the release of who knows how many chemicals into the environment from the application of fertilizers and pesticides.

Weed ordinances provide for stiff penalties if your grass exceeds a certain height, or the clover, daisies, and Queen Anne’s lace compromise the integrity of your lawn. Well, I am here to tell you that one man’s weed is another man’s wildflower. The clover actually benefits your lawn, by the way, by fixing nitrogen and making it available to the grass. As far as I’m concerned, though, the “weeds” are those very lawns, a blight of turf in a land meant for meadows and and glades

I have an idea for a cartoon I want to draw and submit somewhere. It starts with a panel depicting a man sitting on his front porch watching a conflagration in his yard. The next panel shows his neighbor rushing to the fence and screaming “Your lawn is on fire!” In the final panel, the man casually replies “It’s a prairie.” That will be the day my friends.