For me, its the only explanation that fits, its one of the first things that we were asked when she was seen in the ER, and they simply look like a perfect fit for a dog’s paw. I’ve been over every other possibility with the trauma expert that we could think of and nothing else reasonably accounts for all the details.
The medical trauma and abuse expert says that if the circumstance could support it, and a golden retriever stepped on her head, it could have caused the fracture, hematoma, red mark on the forehead and red nail marks. I understand you can’t say for sure, but I need to know if you think it is consistent with how they would look in that situation. Superficially I’d like to know if you think it looks like dog nail marks. I would appreciate any insight you could give me. Frankly, I don’t even know if it’ll help at this point. “We’re just trying to figure out what happened to our daughter so we can show that it didn’t happen while in our care. Dog bite or scratch inflicted by a Golden retriever? The photograph indicates that the infant most likely was scratched and not bitten by the Golden retriever. In addition, to the “scratch-not-a-bite” defense, there are other defenses to dog bite statues, such as provocation and assumption of risk, and these issues are discussed in other sections of this website.īelow, I respond to correspondence from owners who sought my opinion as to whether the injury was a result of a dog bite vs scratch. However, if the injury was caused by a scratch and not a bite, then no liability can be imposed on the owner. In states which impose strict liability for dog bites, as in Arizona, Florida, California, and Michigan, the claimant can usually successfully sue an owner for damages caused by a bite from the owner’s dog. This issue occasionally arises in dog bite litigation. Occasionally there may be uncertainty about whether the injury inflicted on a person was caused by a dog bite or scratch.
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