Q. Were the circumstances of Whipple’s mauling similar to the circumstances found in other dog-related fatalities?
A. There were no good reasons to predict that fatality would have occurred in the context of the apartment building given circumstances in which Bane and Hera were kept and the circumstances at the time of the incident.
Epidemiological data clearly indicates that most fatalities occur outside the owner’s presence and in dogs who are unrestrained. Neither of these circumstances were present in the Whipple case, thus making the circumstances surrounding this fatality highly unusual. These factors support the defense argument that the fatality was an unforeseeable, tragic accident.