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Dog Bite Law Blog

Owners of Dog That Killed Baby At Party Charged With Manslaughter

In September, Lylie Cox, a 4-month-old girl living in Warren, Ohio, was mauled to death by a 120-pound Rottweiler during a party at a home attended mostly by teenagers.

19-year-old Christopher Fura and 22-year-old Jason Winters owned the dog, and this week were formally arraigned on charges of involuntary manslaughter and second-degree child abuse. (Click here to read the story.) To read about the death itself, see my post on September 13th.

Fatal Dog Attack in Oklahoma by Pack of Dogs - USA Death Toll Rises to 26

On October 15, 2007

, Rosalie Bivins, 65, died after a pack of five to seven dogs attacked her as she used a walker to make her way to the mailbox at the end of her driveway. This happened in Oklahoma, a strict liability state. (Click here to read the article.)

The common danger factor in this fatal mauling was multiple dogs, also referred to as the pack mentality. I have identified five dangerous circumstances that appear to be present in nearly all of the canine homicides in recent memory. According to the Kenneth Phillips dog bite danger scale, the presence of two or more of the following factors is to be avoided:

* More than one dog in their own yard, and no master present. Being in a yard controlled by one or more dogs, with the owner off somewhere else, is a common feature of many of the most recent canine inflicted homicides.

* Pit bull, Rottweiler, Akita or Chow. Where death is the result, the dog is most often a pit bull or a Rottweiler. The two other breeds that I see most in my law practice are Akitas and Chows.

* The pack mentality. 3 are worse than 2, 4 are worse than 3, etc. It is well established that docile dogs often become uncharacteristically violent and vicious when they are in a pack.

* Chained or tethered. Chained dogs become dangerous.

* Male. Male dogs are several times more dangerous than female dogs.

9 Months in Jail for Rottweiler Owner Who Defied Order and Caused Mauling

51-year-old Kieran Thomas Burns of Petaluma, California, was sentenced to nine months in jail and three years of probation today. His two Rottweilers broke out of his backyard April 29 and ran at Roberto Kampfner and his son, Roberto Jr., as they were walking near their home. Both the father and son were bitten, but the son was mauled terribly. (Click here to read the article.)

Burns previously had been cited for having potentially dangerous dogs and ordered to keep them on a leash at all times. Now his two Rottweilers have been enthanized, he is forbidden from owning dogs for three years, and he will spend up to nine months in jail. 

The Kampfners have moved hundreds of miles away, but their son remains terrified of dogs and is still recovering from the mauling.

In Preventing Dog Bites, I have set forth a 10-point plan that includes restricting the kind of people who should be allowed to own fighting dogs and the bigger, more powerful dogs. People like Burns who violate animal control laws would not be allowed to have such dogs under the laws that I advocate. Most of the time, it is the dog owners who are dangerous and even vicious -- their dogs just follow suit.

Michael Vick Is Caught With Marijuana In Blood

The disgraced former quarterback of the Atlanta Falcons, Michael Vick, has tested positive for marijuana use as he awaits sentencing for crimes related to dog fighting. (Click here to read the article.)

The federal judge who will sentence Vick in December has ordered him to remain home at night. Engaging in any criminal act while awaiting sentencing is both a violation of the terms of bail as well as downright foolish. Appearing to disrespect the "system" is a sure way to draw the ire of the court and a greater prison sentence.

Interestingly, a study earlier this year concluded that owners of "high-risk dogs" such a pit bulls are most likely to be people who violate criminal laws.

Once again, Vick confirms the worst about certain dog owners.

Dogs and the Law - 3 Current Stories In the News

Pit Bull Enters Home Attacking Teen, Dogs
KIROtv.com - Seattle,WA,USA - A pit bull charged into a south sound home near Ethel on Friday night coming after 19-year-old Jennifer Lee and killing her shih tzu.

Victims: Dog Attack Was Unprovoked
Kansas City Channel.com - Kansas City,MO,USA - A late afternoon jog turned into a battle of life and death for a Jackson County couple on Monday. The husband had to choke to death a 200-pound mastiff after it mauled his wife and then went after him. (See photo.)

Toledo mom pleads no contest after boy's foot gnawed by pit bull
WTOL - Toledo,OH,USA - The mother of a 4-year-old Toledo boy whose foot was mauled by the family's pit pull puppy has pleaded no contest and found guilty of child endangering.

Bed Newz for Michael Vick - Indicted Again, Now on State Charges

Atlanta Falcons quarterback Michael Vick has been indicted today on state charges related to dog fighting. He already pleaded guilty to federal charges, so these are additional and can result in additional penalties.

He and his Bad Newz Kennels cohorts have been almost universally condemned for engaging in dog fighting and for killing the dogs that refused to be vicious enough. See prior posts on this blog for more information.

Sentencing on Vick's federal guilty pleas is scheduled for December 10th.

Pack of Bulldogs Kills 2 In Separate Attacks - USA Death Tolls Grows to 23

Edward Gierlach, 91, of Iosco Township, Michigan, and Cheryl Harper, 56, of Fowlerville, Michigan, were killed in separate attacks by a group of bulldogs on September 13, 2007. Ten bulldogs were seized by Livingston County Animal Control officers after the deadly attacks. The dogs belonged to a neighboring farm, according to police.

There have been 23 canine homicides in the USA in 2007 so far. Of these, only 5 have been in states that have substantially repealed the ancient one-bite rule. Three of the 5 deaths have been in Illinois, one of the 27 statutory liability states; only 2 have been in the other 26 statutory liability states.

Group Wants Fire Crews To Carry Pet Oxygen Masks

Although at least one state worries that attempt to save the lives of animals might result in firefighters getting bitten, here is an article that says that firefighters, the Humane Society of the US, and others want firemen to carry oxygen masks so they can save animals. (Click here to read it.)

The article gives no consideration to the cost, in terms of time lost, when firefighters are saving pets instead of doing other things. There also is no mention of the risks of treating an animal under some circumstances, like when there is a building that is blazing in the background.

One of the points that I make in my book, What To Do If Your Dog Is Injured Or Killed, is that people in the USA love their pet animals a great deal, and therefore that it appears unfair to evaluate the loss of a pet in the same manner as a stained tie, a dented car fender, or a stolen bicycle. This call for oxygen masks gives further support to the point that I make in my book.

Rottweiler Kills Baby At Party -- USA Death Toll Is Now 21 for 2007

Lylie Cox, a 4-month-old girl, was mauled to death by a 120-pound Rottweiler Wednesday afternoon during a party at a home attended mostly by teenagers. The girl and her 17-year-old mother resided in Warren, Illinois. The incident happened at a party in Warren. (Read the article.)

A 19-year-old male brought his Rottweiler to the party. The male had the 2-year-old dog for only a month. It had been a stray and was known to show aggressive tendencies toward children. A friend had put the baby on the floor, where the Rottweiler attacked it. Many people tried to get the baby from the jaws of the dog, but the dog would not stop shaking and biting the child until she was dead.

Rottweilers and pit bulls account for more than half of all canine homicides in recent years. This was the 21st canine homicide in the USA during 2007. It is only the fifth in a strict liability state.

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