Legal Work

The Role of an Expert Witness

Published by
Helen Howell



Recently Adam Watts died at his kennels near Dundee following an incident involving a dog in his care. The tragic death of Adam, a wonderful, kind, and very experienced rehabilitator of dogs brings home the stark reality of the risk involved in dealing with dogs that have often had a very difficult, and frequently unknown history.

My job as an expert assessor of dogs for legal cases often requires me to make judgements of risk in respect of dogs that have previously caused an injury. Using my knowledge of dog behaviour, ethology, and learning theory, gained following six years of university study, and my experience of working with dogs for many years, my role is to explore why a dog may have bitten, the likelihood of it happening again and what measures can be put in place to prevent it.

Breeding and Training

It is very rare that a dog bites without an obvious reason. Frequently, the reason is fear, but not always. In some cases, dogs may bite because they are performing the very behaviour we as humans have bred them to do. Think of the border collie that nips the ankle of a child running past him; border collies have been bred to be very attentive to their environment, they need to be if they are going to manage flocks of sheep. As a result, they feel the need to keep everything in check and manage what is going on, a sheep that runs away from the flock might get a nip on the leg if it strays too far. Collies are hardwired this way following selective breeding, we can’t expect them to behave differently because they are living in a family home in suburbia instead of on a farm.  The traits we have bred into dogs affect their behaviour and should be taken into account alongside other factors. There is no robust scientific evidence to suggest that any breed of dog is particularly dangerous, but understanding the role breed traits play in behaviour is important when analysing any aggression that may have occurred.

An assessment of a dog should also include its medical history wherever possible, pain is a common cause of aggression. I also consider the environment the dog will be living in, future management and the suitability of the owner to be able to keep the dog safe. A dog may be safe in one environment and not in another. All of these elements form part of a full picture from which an assessment of risk can be made. If some of this information is missing, a dog found as a stray with no history, for example, the assessment of risk is more difficult.

Remaining Objective

As an independent expert, I have a duty to the court to consider public safety when I provide my opinion regarding the dogs that I assess. Sometimes, fortunately very rarely, I have to conclude that a dog may pose such a risk that it can’t return to the public domain. As I say, this is very rare, it is also very upsetting for all involved. It is however vitally important that an expert remains objective and mindful that this is their duty.

Experts that are sufficiently qualified, experienced and truly independent will sometimes have to make these difficult decisions.

The fatal dog bite incidents that have been reported in the media are a reminder that our beloved furry best friends can also pose a real danger, even to those very experienced in their care, often because of human actions and unrealistic expectations following inappropriate management, mistreatment or poor breeding. Most professionals that work with dogs that may have bitten do so because we love dogs. Adam was one of these people, he worked so hard to help dogs have a second chance at life and was fully aware of the risks involved. Adams legacy lives on through the many dogs he rehabilitated who are now living happily in loving homes.


To contact me, please call 07725 197253 or email me at info@dogbehaviourexpert.co.uk
Helen Howell

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Published by
Helen Howell