PORTLAND, Maine — A jury will decide if a Dexter woman bitten by the part pit bull she was dog-sitting is entitled to damages or not.
The Maine Supreme Judicial Court on Thursday reversed a judge’s ruling that granted summary judgment to the owners of Beans.
Nearly four years ago, Alisa Morgan agreed to care for the dog owned by Robert and Ann Marquis of Garland while the couple attended their son’s graduation from basic training, according to the court’s unanimous opinion penned by Justice Andrew Mead. On Oct. 15, 2008, Morgan went to care for Beans at the Marquis’ home and entered their dark kitchen.
“She saw Beans sitting off to the side; he was not acting aggressively,” Mead wrote. “Morgan turned on the kitchen light over the stove, spoke to Beans and reached down to pet him. The dog lurched up, bit her face, and then retreated.”
Morgan in October 2010 sued the Marquises, who passed the complaint on to the company that issued their homeowners’ insurance. She claimed that Beans caused multiple lacerations on her left face, nose, right cheek and upper neck which caused disfigurement, pain and suffering and required surgery. Morgan sought an unspecified amount of damages.
“Although the insurance company for the Marquises have fought me like a pit bull in denying this claim, the core issue here is simple: When you are going to ask someone to dog-sit for you, shouldn’t you tell them that your dog is a pit bull?” Morgan’s attorney, A.J. Greif of Bangor said Thursday. “Had the Marquises done that, Lisa Morgan would have said ‘Thanks, but I just don’t want to take that risk.’”
Paul Chaiken, the Bangor attorney representing Beans’ owners, called the incident that led to the lawsuit “an unfortunate accident.”
“The Marquises’ family pet had never shown any aggression towards people,” he said Friday. “The Marquis family had Beans for almost four years [before the incident]. That he bit Ms. Morgan was a surprise to all.
“The Marquises have always felt bad that Ms. Morgan was hurt, but are confident that the jury will find that there was no negligence here,” the lawyer continued. “The Marquises did nothing unreasonable. The Law Court agreed it is undisputed that Beans was friendly and interacted well with people and dogs, that he had had obedience training and he was not aggressive towards anyone before this incident.”
Of the five claims Morgan made when she filed the lawsuit, two were sent back to Superior Court Justice Kevin Cuddy for trial. A jury will have to decide who was in control of the dog when the incident happened and whether the Marquises were negligent because they should have know about Beans’ potential to bite someone, Mead wrote for the court.
Dog bit pay up. Unless she broke in or harmed the dog in purpose .
Amen, case closed, NEXT!
Did she ever ask what breed of dog she would be dog sitting.
That would have been my FIRST question!
Maybe she did. Like most pit bull owners, they probably responded ‘he’s friendly’.
It doesn’t say whether she was acquainted with the dog or not.
The dog probably is great when its humans are around, but somebody coming into a dark house could have sent it into protection mode.
(and I’m not fond of pit bulls)
Any dog could react like that, given the circumstances you just stated.
Pretty much, but I’ve also met plenty that were tied up outside their home when there was no answer to my knock. The sweethearts would whimper and wiggle their backend begging for my attention, then ask for a belly rub. Any breed can be trained of course, but some are well known as better guard dogs than others. I’m glad I don’t have to sit on that jury!
Tied in a yard, and a stranger you can see approaching is different than someone coming into your home…
I understand 100% what you are saying. I just don’t think that comparison was a good one.
Well of course I’ve run into many in the same situation (some who knew me) that violently tried to breaks the chain while baring their teeth. Usually German Shepherds and Dalmatians. Once again more the training than the breed, but some are trained to match their innate character. :)
I am not so much a fan of German Shepards myself. I’ve met a few sweet ones, but have met far more that show signs of agression.
Just out of curiosity, do you spend your ENTIRE day ridiculing other people’s comments?
Should have been over at the house a couple of days before they left so the dog could get know her and her smell ( i know it sounds funny but its true), and taken the dog out for a walk to bond. How was the poor dog to know she wasn’t a stranger????
By the way Pit bulls are the BEST dogs I have ever owned <3
edited
The women wants to be compensated for her injuries and sometimes you have to sue to get the compensation.
any dog that does this type of thing should be shot
Really? You honestly believe that? How unfortunate. What about people that injure someone else? Clearly, with our highly evolved brains we should be able to reason that hurting other people is “morally” wrong, right? Dogs cant do that. They dont have such luxuries. Its based mostly on instinct. So, how do you think we should deal with people who commit similar acts? How do you fancy punishing a person, who deliberately chooses to hurt another person? If a man punches you in the face, you gonna shoot him, cow boy? Clearly he is more “responsible” for his actions then the dog, right? Oh wait, let me guess, its different, somehow right? Well, news flash, it isnt. Humans are animals and we are the most vicious of them all.
Any person that makes this type (meaning yours) of comment should probably get a rather large clue.
All I will say is an EYE for and EYE and a TOOTH for a TOOTH
Then, based on what you have said, the dog should be bit on the face, not shot. After all, that’s what the dog did here. It didn’t shoot anyone.
You can bet your sweet ___ if it was you that got bitten you would feel alot different.
Probably. Using your logic, I wonder then why you feel differently? Did it bite you? No? You make no sense. At all. Constant contradictions.
I HAVE been bitten. And I still feel the way I do. See what assuming got you here?
Well, you just contradicted yourself. First, if it bites you, kill it. Then, if it bites you, bite it. One of us is very confused, here.
Yes, because it’s with attitudes like this we have evolved into such a peace-loving society.
that’s exactly right.
Without proper details its hard to comment but two things stand out for me. 1. It doesn’t matter what type of breed, so sick of hearing about pits in general. Any dog will act accordingly to instinct when in certain circumstance, no matter the type. 2. ”
The dog lurched up, bit her face, and then retreated” That is a defensive action, nothing aggressive about it. Like i said without proper details but that makes me believe the dog wasn’t exactly familiar with said person. Had it been a deliberate act the dog would not have retreated. Are owners responsible, unfortunately yes but the whole situation could have easily been averted.
“A jury will have to decide who was in control of the dog when the
incident happened and whether the Marquises were negligent because they
should have know about Beans’ potential to bite someone.”
What? That is probably the most absurd thing I have ever read. Dogs mostly do what they want. There’s no way the owners could have been in control of it even if they wanted to be. This really has nothing to do with them at all. Its pretty hard to control a dog you are not around, although, the courts might say otherwise. The women who got bit shouldnt have signed up if she wasnt prepared, least of all she should have asked some questions before committing. And, as far as potential to bite someone, well, I cant really argue against that. The dog has a mouth. It can use it. Thus, potential exists.
Only in America could you sue someone because their dog bit you after you agreed (there by acknowledging the potential risk) to watch it. Stupid. People are sue happy. Lets just sue everyone for everything. Kinda like the whole thing of people suing McDonalds cause it made them fat. Its just silly.
Perhaps its time we as a culture grow up a bit. Its her own fault she got bit. Completely her own fault. She took the job blindly. She didn’t get to know the dog prior to. She went to touch it (which was not required given her job of simply watching it) and it bite her, according to the story. She should sue herself, as she is the only one to blame here. Everything was chill until she decided to touch it. Her fault.
Dogs sometimes bite people, cats sometimes scratch people and birds sometimes crap on your head. Animals are unpredictable and do strange things. Its a calculated risk you take when you have or sit animals.
A.J. GOOD Greif not all pit bulls are violent. Also, Good Grief, when one purchases a home owner’s policy the insured is required to disclose they own a dog. Base on your logic, “what type of insurer would insure a homeowner with a pit bull?” Your client took the premiums and insured the risks, now it’s time to pay up without extending its financial responsibility to our burdened court system. Or is this the way you and your client choose to avoid responsibility??
So let me see if I understand this correctly. She walked into a dark room turned on the light and then reached over to pet a dog she had never met. The dog in a defensive move, bit her and RAN AWAY because it was scared. and now she wants to get paid?! If this was a lab that had done we wouldn’t even be having conversation. there are so many things wrong with this I’m not sure where to begin.
1. She agreed to dog sit a dog she had never met or interacted with? STUPID. Should the owners have insisted that they meet first? maybe. should she have insisted? YES.
2. She reached towards a dog she had never met? STUPID. I know kids who know better. You NEVER EVER EVER reach towards a dog that does not know you I dont care what breed it is. She is probably the type of person who would reach inside an empty car to pet a dog she didn’t know.
3. “When you are going to ask someone to dog-sit for you, shouldn’t you tell them that your dog is a pit bull?” Shouldn’t you have asked what kind of dog it was before you agreed to dog sit?
I’m tired of people trying to profit from their own stupidity. What’s next suing the electrical company after sticking your finger in a light socket?
All these people talking about paying up are nuts! Yes they SHOULD pay for any medical treatment that she needs and NOTHING ELSE!! She got bitten because of her own stupidity.
Pit Bulls frequently turn on their owners with no warning.
The result is maiming or death.
The dog bit and ran. That is the action of a scared animal not an aggressive animal. If it had been an aggressive pit bull we would most likely have been reading a story of a woman killed by a pit bull since there would have been no one to save her.
>citation needed
If you somehow manage to get killed by a dog, I don’t think you should be alive in the first place.
I hope you aren’t serious, @DevilDude:disqus ! How insensitive you are to those that have lost a child or their child was disfigured due to dog maulings. You really shouldn’t be commenting on this story.
I am serious. Humans are the top of the food chain and the most evolved species on this planet for a reason. I think if you let a dog kill you, you are slapping Darwin in the face. I am insensitive and you are definitely not the first person to realize this. The lost children (however unfortunate) were not my children. I feel no pain for those lost whom I never knew. Their existence added nothing to my life and thus there non-existence takes nothing away. However, I never said anything about children. A child being hurt or dying is unfortunate. I meant adults. If an adult grown human who isnt very old and in reasonably good health gets killed by a dog, I really feel like there is something wrong, there. I mean, Ive been attacked by dogs before, Rottweilers, in fact. So I do think I have a good insight here, and as far as not commenting on this story I think you’ll find that thus far my words have not fallen on deaf ears. Where is all your brilliant insight? A bit sensitive because of your proximity to the issue at hand, mom? Perhaps you shouldnt be commenting due to your experiences and clearly biased opinion? Chill out a bit.
@DevilDude:disqus – I don’t believe that I would need to have personal insight because I have never been attacked by a dog (thankfully). My comment to you was on the fact that you say these people that are killed by dogs shouldn’t have been alive in the first place. I found that very insensitive. You might have wanted to revise your statement before you posted that comment. I’m sure there are others that feel the same way you do also. I may have jumped at saying that you shouldn’t be commenting and you do have the right to your opinions. For that, I do apologize. I’m not very old and in very good health and I don’t think I would stand a chance against a dog attack. And, yes, maybe I am a bit sensitive because I am a mother and it is a fear of mine because I do have a very good friend that was disfigured at the age of four due to a dog attack (black lab) and I have had to watch her endure dozens of surgeries to try to re-construct her face.
Would you like to be able to stand a chance if a dog attacks you? Id be happy to instruct you on how to dispatch it (not encouraging killing dogs, but if its me/you/someone or a dog, well, you know how that goes). Knowledge is power, after all. Cant go around being afraid of dogs. Too many other things pose a much greater risk to our personal well-being. Like idiots drivers, for example.
Oh, I most definately would like to be able to survive that type of attack! I’m not afraid of dogs, but I am aware of letting them come to you and the proper steps when meeting a new dog. Thank you for the offer :0)
Well, in order to avoid a massive post here, ill just give you the skinny. Be aware this might be slightly graphic. As I said, I dont not approve of killing or hurting animals, unless its 100% required in the case of self defense. I think there are usually better ways of dealing with the situation. This following bit assumes that there is NO other REASONABLE way to deal with a dog attack. Id be thankful if, despite how disagreeable the following might be, if if could be left un-flagged, so that people might have the potential to learn and save themselves or others from serious injury.
Basically, you need to think about the most vulnerable spots on any animal when potentially needing to defend yourself. Chances are you going going to get hurt if attacked by a dog. Avoiding injury is less important then avoiding serious injury. A bite on the arm is a good trade, compared to one somewhere else, for example. A dogs nose is very sensitive. Chances are if being attacked, the nose is right there. Give it a good thumping, if you can. Being aware of the teeth of course and the fact that your hand might sustain some injury. However, the animals skull at the nose is weak. So often a solid blow should in theory crush that bone and incapacitate the animal. The ears are also a good target. Lots of an animals senses are connected to the ears and there are major blood vessels and nerve endings in that region. If you can injure that area, it will disorient the animal. Another great spot is the eyes. Soft, exposed and easily injured. A quick jab with your index and middle finger’d do the do. This is a typical self-defense move taught in martial arts. Cant do much without eyes. Of course, this is all on the head, which, is problematic. However, there is no other reasonable target when attacked. The head is always going to be there, right in your business. You might get hurt, but, you’ll probably walk away if you remain calm. Animals sense fear and if in attack mode, will be more aggressive then normal. Often a slight injury to an animal in the correct place will prevent them from continuing to attack you.
I always carry a knife on me (a tanto Ka-Bar, which is a military style fighting knife). A knife is the most useful tool a person can have. Not only for self defense but also survival situations and daily life. So, id probably just use that, if it were me. A quick downwards strike on the top of the skull would put an end to even the most vicious of dogs.
Of course, there’s always rocks and sticks and things you could likely easily find and pick up in a couple moments notice. Improvised weapons are often the best, due to their abundance.
Also, its doubtful youd have a big steak in your pocket at the time, but, most dogs will be more apt to pay attention to a steak then you, should you happen to have one and chuck it. Mythbusters had a segment on this sorta thing, some time ago. Perhaps some other useful knowledge could be obtained there?
Anyway, I think that about does it.
Regards,
Someone who has been attacked by dogs and lived basically unharmed to tell about it.
WRONG. there are 4.5 MILLION registered pit bulls in the us and im gonna guess and say at lest that many unregistered. so lets say 9 million pit bulls in the us. In 2011 there were 22 dog bit fatalities. That is .00000024% of all the pits….doesn’t sound frequently to me
You are out of your mind.
I agree 100% to everything you have said. IT WAS HER OWN FAULT!!
it was the owners’ fault. they are the ones who created the circumstances that put both the woman and the dog in that situation.
Did I miss something? I see nowhere in the article where it says she had never met the dog before, but a lot of people are assuming.
Sorry, not enough coffee yet this am-just got the part about them not telling her it was a pit. Yes, you are right. I would think that would have come out somewhere in the conversation regarding dog sitting. Maybe they were afraid of her reaction and would say no and they’d be without a sitter.
nanny state wants to sue every thing
and irresponsible pet owners want a free ride
Who is supposed to be responsible for this dog? This is why we buy insurance for these unforeseen circumstances. Somebody needs to step up and take responsibility.
Ban pit bulls. Full stop.
That wouldn’t change a thing. Pit bulls are NOT bad dogs. They have such a bad reputation because of the idiots that exist in the world who fight them. It’s the same with all of the bully breeds. Any dog can become aggressive at any point, regardless of breed. If they are raised well, chances are quite slim that they will become aggressive. I’ve owned two pit bulls and they are the best dogs I’ve ever had. Very sweet, cuddly and friendly. There are a lot of little dogs that are much more aggressive that all of the pit bulls I’ve had contact with. Should we ban them, too? Or maybe just all dogs in general since breed has nothing to do with which one will attack?
You come try and take my pit bull away, and I will bite you. You are so ignorant in your generalizations… if you had any intelligence at all, you would know that generalizations and preconceptions are invalid and unfair. Here is your argument on a human level…
African Americans are seven times more likely than people of other races to commit murder, and eight times more likely to commit robbery. Should we ban them too? Sounds stupid right? So does your comment.
Since she wasn’t aware he was a pit bull, I am assuming she had never met the dog. ANY breed could have reacted the same way. No matter how close of a friend I am to someone, I would never agree to sit a dog that I had never met. Especially when you are expected to enter their domain.
Ditto to several comments I see. The lawyer’s remarks seem to indicate that she took this on without meeting the dog first. Besides that, I wouldn’t even take on a plant watering and goldfish feeding gig without visiting the home first. It sounds a bit screwed up on both sides. I lean towards finding her to be an independent contractor rather than a supervised employee. That raises the level of expectation in regard to her having expertise and good judgement. It also means workers comp and unemployment insurance is her responsibility. If you agree that she was a contractor you’ll probably agree that she is the negligent party in this matter.
Follow the lead of Holland, France, Germany and Britain, two hundred cities across the nation, and the U.S. military:
BAN THE BREED
Pit Bulls are vicious and dangerous BY NATURE.
THEY ARE BORN THAT WAY.
Yup, both of mine are killers…
Care to spew any more myths? Are you racist against humans as well?
They are bred to bite the nose of bulls and hold on and bred to fight other pit bulls to the death. One cannot breed that out of pit bulls.
When they bite, they always go for the nose and they are involved in an enormous number of really serious dog bites, many of which are fatal.
While they shouldn’t be banned, the owners ought to step up and accept responsibility for their dogs.
There probably would have been no bite, if she just didn’t bend down to the dog’s face. That’s kind of intimidating if you think about it. As an adult, I don’t like when people get in my face. Why would a dog be any different? I feel bad for this woman, but she was negligent in her own actions. Dog sitting a dog in it’s own territoy, that’s a large breed is risky if you’re not very familiar with the dog. If this happened in the dog’s own home, she could have made the dog feel cornered, or simply gave off an aggressive message by getting in the dog’s face in it’s own home. Very foolish moves were made on the part of the dog sitter. Any dog is capable of this. I knew someone as a teen, who’s Cairn Terrier did the same type of thing. A friend’s father had an aquantance over who’d never been in the home. The man reached the top of the stairs and the dog was at the top step. Man wanted to greet the dog, and from a few steps down, putting him at face level with the dog, had his face in the dogs face, went to pet the dog. Cairn Terrier bit the guy’s nose and lips. He needed emergency plastic surgery. That was the first and only time the dog ever bit. The dog was a very good dog whenever I was there and I was there often. I was able to rough that dog up and he would get all mushy and lick your face off. All it took was a foolish action in the dog’s own territory to set him off. It can happen with any breed. I don’t think she’s going to win this one. Very sad situation. :(
This could have potentially been avoided by having had her get acquainted with the dog and home for several visits prior to this. I don’t care what breed a dog is, owners are gone, house is dark, stranger comes in, all lead to a dog being protective of his/her property. It is foolish on all parties behalf not to have acquainted the dog and sitter.
Why does this family not WANt to take responsibility for the awful thing that happened to this lady who was doing them a service…..My conscience alone, would have me wanting to help, not run away from what happened. Leagally speaking, I feel you are respinsible for your animals actions.
The people are to blame, not the dog.
There is no way I would dog sit a dog I had not already met and was comfortable with and I would never ask someone to dog take care of my dog without acquainting them first, regardless of the breed of dog.
They should pay her medical bills! If you get hurt on the job the employer has to pay, plain and simple. Personally, pit bulls scare the heck out of me.
She was contracted by them, not employed. Therefore, she is her own employer, making your point moot.
totally moot.
Of course she deserves some type of compensation.
http://tinyurl.com/9qwk459
Really? Any person saying pit bulls are vicious and the breed should be banned is ignorant. It is an ANIMAL. Sometimes, ANIMALS react in a way that surprises us, no matter how well trained and socialized. People do stupid things all of the time, should we ban them? Most of the time they are given a slap on the wrist and allowed to walk away! Why stereotype an entire breed of dog because some bite? I feel sorry for the lady who was bitten but come on. So many precautions that could have been taken and weren’t-deal with the consequences.
So many people are talking bad about pitbulls. I dont care what kind of dog it was, ANY dog would have been capable of biting a stranger that would have walked into the house.
what you need to do is look at the breed.a garter snake could bite you ,no big deal.A cobra snake bites you just a little bit different HAAAAAAAAAA
So because a cobra carries venom and a garter snake does not, that makes the cobra to blame because it was created having a more lethal defense? Get real, get educated……..
Pit bulls are bred to bite with conviction. Their original purpose was to bite the nose of a bull and hold on.
Well aware of the history of pits, not sure how or why you think your post pertains to anything being said. You have missed the boat entirely……..
Just as the owner of a cobra is held to a higher standard than the owner of a garter snake, the owner of a pit bull should be held to a higher standard than the owner of a chihuahua.
Pit bulls have incredibly strong jaws and an incredibly dangerous bite. Moreover, they bite the face, rather than the hand, thus making their bite more damaging and potentially deadly. Over 25% of dog bite fatalities in America over a 20 year period, per the Center for Disease Control and Prevention, were caused by pit bulls, although pit bulls make up less than 1% of the dogs in America. The focus of the article is that the owners are to blame. They knew they had a cobra and never warned the innocent victim.
the point is, you don’t keep a cobra in your house as a pet.
No actually the point was don’t stick your nose in a animals personal space, even more so when your not familiar with the animal no matter the breed.
Not blaming the animal, I’m blaming the pet’s owner.
I feel bad for everyone (including the dog!) involved in this unfortunate situation. I speak from my own experience.
We had the friendliest dog..he loved everybody and all he wanted to do was be everyone’s friend the moment they came to the door. However, we had to go away for 2 weeks and hired a house/dog sitter. When she arrived at the house (we had already left. We the owners and she the sitter never gave thought to having her meet the dog first…this dog had NO aggressive tendencies at ALL), the dog stood at the door and blocked her from coming in, growling and barking at her .
We had to call my mother (who was great buddies with the dog) and have her come over to enter the house with the sitter. After mom showed up with the sitter, the dog was extremely happy and he and the sitter became instant buddies. For the remaining 2 weeks, the dog actually slept in bed with the sitter and followed her around everywhere she went.
Thankfully, our situation was a lesson learned and nobody got hurt. No matter how sweet and calm a dog is, they WILL act on their natural instincts. We as humans need to see and recognize that and take the appropriate precautions. Have people know your dog before they come to your house when nobody is home. And for those who want to use this article to bash Pitbulls, our dog was a mix of black lab, beagle and springer spaniel.
My dog protects my house naturally. If you enter my house, when no one is home, and you have never met the dog, I would expect the same outcome. If the owners did not introduce the sitter and dog prior, or did not give special instructions on how to introduce yourself to the dog, then, unfortunately, it seems to me to be negligent on the owners behalf. Yes, my dog is a 65lb pit bull, and is all snuggles and kisses, but when no one is home, he has a job to do. Same goes for him in the vehicle. Any dog will protect their home in a instinctual manner.
a dog like this is a weapon that will injure or kill all by itself,unlike guns which must be used intentionally. it is always the responsibility of the owner to be sure the weapon is properly secured. It will be interesting to hear the court’s decision. if the person who was bitten accidentally shot herself with an easily accessible firearm,i know what the verdict would be
Hopefully this animal was put down
Put down for what? Biting a stranger out of fear that was in its house ? Hmmm ya that’s a brilliant idea. Too bad we couldn’t put people down for dumb comments!
TOTALLY AGREE!!!! THEY ARE UNEDUCATED
I have a 150lb. rottie who is the sweetest dog I have ever had or met. He is wonderful around children, adults and other dogs. He doesn’t chase the neighborhood chickens or ducks either. But, when we are not home, his job is to protect our home. When my husband is offshore fishing, he protects us. They have the same rap that pitbulls do and unfortunately, people are always going to have it in their heads that these two breeds are killers. There is a jack russell terrier that lives across from us who bit the owner’s daughter’s finger off and it is the most aggressive dog! Goes to show that any dog can be vicious. A good friend of mine had her faced chewed up and has had to endure dozens of reconstructive surgeries over the years and it was a black lab attacked her at the age of four.
The dog watcher was very irresponsible – she should have made the arrangements to come and meet the dog and interact with it before she was to do her job. But, the owner’s should have asked the same of her. I do not blame the dog for this. This is very unfortunate and it could have been any breed of dog. Would we be discussing this (or even be in the news) if it was any other breed? I think not…
I agree…