Shibas do not like water. Let me repeat...Shibas do NOT like water!! Or maybe our dog is a freak of nature. If the water is running Simba is running the other way. He will do whatever it takes not to take a bath. He has thrown himself against the walls in the shower and screamed and scratched. You never leave a bath with Simba without battle scars. My sister had the displeasure of bathing the crazy animal and had scratches on her thighs, arms and stomach. They did not go away for weeks! Simba does not intend to commit bodily harm but acts involuntarily. If a dog could commit a crime it would likely be an unintentional tort. Let's break it down some more. My sister claimed it was an assault (jokingly) but an assault is an act intended to cause apprehension of an imminent bodily harm or contact. Let's assume Simba is a "person" and that the laws pertain to him in this instance. Did Simba act intentionally? Did he intend to cause the apprehension of imminent bodily harm? I would argue nay! His intent was to break free at any cost. He did not intend to hurt anybody.
Since he actually did touch her harmfully it would then be a battery.
No comments:
Post a Comment