For the majority of my adult working life I was involved in the travel and outdoor recreation industry. Early in my career I was introduced to the reality of legal liability. I make no claims about my depth of understanding of negligence vs. gross negligence or how they would be argued in a court of law, I do understand that providers of goods or services have a responsibility to behave in ways that do not put consumers of those goods and services at risk. If you rent a pair of skis at a ski area, hit a tree or take a bone breaking tumble, the company that rented you the skis is not liable. However if the binding on those skis pops off and sends you careening out of control and you’re injured, and an investigation shows that the person who was responsible for checking bindings was fired 2 weeks ago and was never replaced and binding checks, as dictated by industry standards, did not occur (if such a standard even exists), you have a case.
When no standard operating procedures exist in an industry or no regulations regarding a product’s composition, design or strength are in place there will be those who will behave as though those standards exist based on the best information available. Others won’t due to ignorance, greed, laziness, habit or disregard. Though the US legal system regarding liability is often held up for ridicule for perceived excesses, my experience in the recreation industry was that it meant I was less likely to encounter- waterlogged life jackets that wouldn’t keep a cork afloat, climbing ropes that should have been retired years ago and guides who were likely to behave recklessly and put some other motivation ahead of keeping their clients safe. The risk of being sued shouldn’t be the primary reason for acting responsibly and professionally, but it sure doesn’t hurt to encourage a business operator to have those squishy brakes looked at before sending out a van to pick up clients.
I was shocked to discover that despite the information coming from the American Veterinary Society of Animal Behavior, the American Animal Hospital Association, The Society of Veterinary Behavior Technicians, The Australia Veterinary Association and professionals in the industry who study the effects of different types of training on dogs, there are trainers who continue to use and recommend force, pain, threats and intimidation to pet owners for training purposes. It doesn’t take a degree to understand that if an animal connects being hit, scruffed, poked, rolled over or otherwise feels threatened with bodily harm with a specific person, or people in general, we could see them responding, not surprisingly, with fear, and also possibly with aggression. If a professional in the dog training industry (or pretending to be one on television) suggests that a pet owner hit, scruff, grab, poke, roll over or otherwise threaten their dog, and that dog bites them or someone else, why is the trainer not held responsible for this dangerously wrong information? A doctor who recommended an ointment with mercury in it to treat sores or wounds would lose their license and anyone who followed their advise would likely consider legal action against them.
The body of research and information in the pet dog training industry is turning into a mountain of evidence against the use of force, fear, pain and intimidation to modify behavior. The excuses for using these have worn thin and they do not stand up against the evidence or in the court of professional opinion. A trainer who tells a pet owner to use force or fear to change behavior is like an electrician who suggests you stick a fork into an electrical outlet to find out why it’s not working. Knowing what you know about electricity you’d be foolish to follow their advice, and they’d lose their license for suggesting it. There is no excuse for someone selling their services as a trainer for not knowing that the use of force or coercion to get or end behavior in dogs can lead to increased aggression in those dogs. No excuse. None. Zero.
Not convinced or still have a few excuses? Check out Eileen Anderson’s blog on the topic.