Solutions for victims, lawyers, canine professionals and dog owners

A dog owner wrote to me about the terrible behavior of the children who live next door. These are 5 boys who lean over the fence and taunt the man's dog. He fears that his dog is going to bite one of these kids, and wonders what he can do to avoid liability and prosecution of his dog.

Mr. Phillips,

I am hoping you may be able to assist me in understanding how the laws protect dogs and their owners with my given situation. I have a yellow lab that is an outside dog. I have a solid wood 6 foot privacy fence around 99% of the yard. One side gate is also 6ft solid wood, the other side gate is a 4ft chain link. Both gates have beware of dog warning signs. So I believe that I am in full compliance with the law and giving sufficient warning. Especially given that he is not an aggressive dog at all. 

My issue arises with the fact that a family of 7 (2 parents, and 5 boys) just moved into the 1200 sq ft rental home behind me. The kids play outside a great deal, which I think is great vs. video games. But they bark at the dog and taunt it with toy guns when they climb the fence and lean over it. I have caught them leaning down over it to where if he got aggravated enough at them, he could reach them.

They seem to be good kids but ones that have minimal supervision. I have tried introducing the kids and dog and will continue trying to teach them how to interact without scaring him or seeming to confront him. I also thought about walking over and mentioning it to the parents but don

A two-week-old baby was killed by a dog on March 4, 2009, in Mesa, Arizona. Her mother and father are police officers, but they could not save her. 

After putting her baby in a low-lying crib, the mother exited the room, and spent a few minutes in the bathroom. The family Chow-Chow killed the child. (Click here for the story.)

My Dog Attack Danger Scale is being supplemented by a sixth danger-sign: the "newness" factor. Statistics compiled by DogsBite.org establish that 20% of fatal dog attacks involved a new person or dog sharing a household for a period of two months or less.  

I recommend spending time on DogsBite.org. You might not agree with the site's conclusions about the need to control or even ban pit bulls, but you will not be able to seriously dispute the site's thorough documentation of attacks by dangerous dogs.
In Britain, police will be given new powers to tackle the increased use of dogs as offensive weapons in gang rivalry. There is a flourishing black market trade in pit bulls and other dogs that were banned under an Act of Parliament 18 years ago. Breeders either ignore the ban or attempt to get around the ban by crossing pit bulls with other types, producing larger and more menacing-looking dogs. (Read the article.)

Courts will be able to restrict the movement of gang members, ban them from associating with other members and ban them from being in control of a dog if it is being used to intimidate others or encourage violence. A gang member who breaks the order will face a fine or up to two years in prison. 

David Grant, the director of the RSPCA Harmsworth Hospital in North London, said:
Bruce Evans shot and killed his wife's and daughter's pit bulls on February 16, 2009, at his home in New Smyrna Beach, Florida. The dogs were fighting each other and had bitten the wife and the daughter too. No charges are pending. (Read the article.)

It is difficult to understand the purpose of owning dogs that suddenly decide to kill each other, bite their owners and, in this case, force someone to do something very dangerous. When ordinary citizens have to shoot animals in and around our homes, bystanders can get hurt. Why should the community be forced to live in fear of similar incidents in the future? 

I believe that either we control the bad dogs and bad owners, or we ban all dogs that present unreasonable risk. I prefer the former approach but, if lawmakers, animal control authorities and the dog lobby don't have the backbone to pass and enforce the necessary laws, then I recognize that we will have to ban the dogs themselves. For more, see Model Dog Bite Laws.
5
Page 5 of 18
dogbitelaw-litigation-forms
Banner

What people write to Attorney Phillips...

"I recently purchased and viewed your DVD on the anatomy of a dog bite case. I greatly appreciated your insight and I’m sure it will pay dividends as I pursue my client’s claims."

Michael M.

Facebook Dog Bite LawTwitter Dog Bite Law 
Banner