Solutions for victims, lawyers, canine professionals and dog owners
Wednesday, January 07, 2009
Young girl killed in dog attack - USA Fatality #1 for 2009
On January 6, 2008, a five year old girl in Thomasville, Georgia, was mauled to death by her parent's pit bulls while she was playing in her own back yard. Chyenne Peppers was playing in the yard of her home when the family's three pit bulls attacked her. Her parents were home at the time, but were inside their house. (The short article is here.
The child was unreasonably exposed to danger, as indicated on my Dog Attack Danger Scale (see the home page of Dog Bite Law). Three dangerous factors were present:
* More than one dog in their own yard, and no master present. In 2008, 78% of the human fatalities were by dogs in their own yard.
* Pit bull, Rottweiler, Akita or Chow. Most fatal dog attacks are by pit bulls. In 2008, 65% of the fatalities were by pit bulls.
* The pack mentality. Three dogs are worse than 2, 4 are worse than 3, etc. Docile dogs often become uncharacteristically violent and vicious when they are in a pack. In 2008, 39% of the fatalities involved multiple dogs.
Because the above factors are commonly known, the conduct of the parents of this child was negligent at best. This warrants prosecution for negligent homicide and child endangerment.
Furthermore, everyone in the State of Georgia shares some degree of responsibility for this death, because the state is following the 17th century dog law of England, namely the so-called one-bite rule. Georgia's dog bite statute incorporates the one-bite rule. The statute is convoluted, requiring two grounds for liability in most cases. I have litigated more than one case in Georgia and fought against not only the statute itself but also the 19th century judicial opinions that further limit Georgia's protection of its children from dogs.
Georgia needs to adopt a dog bite statute that is AMERICAN and is in line with modern views of personal responsibility. The one bite rule needs to be stricken from Georgia's law, and the judicial opinions that say that NO dog owner can be held liable for negligence need to be overturned. To accomplish these goals, Georgia needs to adopt my Model Dog Bite Statute.
The child was unreasonably exposed to danger, as indicated on my Dog Attack Danger Scale (see the home page of Dog Bite Law). Three dangerous factors were present:
* More than one dog in their own yard, and no master present. In 2008, 78% of the human fatalities were by dogs in their own yard.
* Pit bull, Rottweiler, Akita or Chow. Most fatal dog attacks are by pit bulls. In 2008, 65% of the fatalities were by pit bulls.
* The pack mentality. Three dogs are worse than 2, 4 are worse than 3, etc. Docile dogs often become uncharacteristically violent and vicious when they are in a pack. In 2008, 39% of the fatalities involved multiple dogs.
Because the above factors are commonly known, the conduct of the parents of this child was negligent at best. This warrants prosecution for negligent homicide and child endangerment.
Furthermore, everyone in the State of Georgia shares some degree of responsibility for this death, because the state is following the 17th century dog law of England, namely the so-called one-bite rule. Georgia's dog bite statute incorporates the one-bite rule. The statute is convoluted, requiring two grounds for liability in most cases. I have litigated more than one case in Georgia and fought against not only the statute itself but also the 19th century judicial opinions that further limit Georgia's protection of its children from dogs.
Georgia needs to adopt a dog bite statute that is AMERICAN and is in line with modern views of personal responsibility. The one bite rule needs to be stricken from Georgia's law, and the judicial opinions that say that NO dog owner can be held liable for negligence need to be overturned. To accomplish these goals, Georgia needs to adopt my Model Dog Bite Statute.
Sunday, January 04, 2009
A Treasure Trove of Information Just Posted At DogsBite.org
Beginning July 2006, the Dog Bite Law web site began summarizing, on a monthly basis, canine homicides in the USA. The focus of my interest as the author of Dog Bite Law has been the laws that will prevent violent dog attacks upon people. In particular, my research strongly suggests that repealing the English one-bite law in the USA will reduce fatal dog attacks and, therefore by implication, all dog attacks.
While I have been doing this, Colleen Lynn of Seattle, Washington, has been building a web site (www.dogsbite.org) and organization called Dogs Bite. The focus of DogsBite.org is the dangerousness of pit bull type dogs. Among other things, DogsBite.org has published detailed facts about canine homicides in the USA for the past three years. That information strongly supports the view that pit bulls are the nation's most vicious breed of dog.
DogsBite.org recommends banning the pit bull breed and taking several other steps to curtail dog attacks upon people. I also am of the view that as violent as these dogs can be, merely banning them will not solve the dog bite problem. The root of this problem is not dogs but people, meaning the dangerous and often vicious owners of dangerous and vicious dogs. Tthe dog bite plague will not end until we embark upon the 10-step program that I outline on Dog Bite Law.
Whether pit bulls should be banned under the law is a controversial topic. For it or against it, I recommend that you bookmark DogsBite.org.
While I have been doing this, Colleen Lynn of Seattle, Washington, has been building a web site (www.dogsbite.org) and organization called Dogs Bite. The focus of DogsBite.org is the dangerousness of pit bull type dogs. Among other things, DogsBite.org has published detailed facts about canine homicides in the USA for the past three years. That information strongly supports the view that pit bulls are the nation's most vicious breed of dog.
DogsBite.org recommends banning the pit bull breed and taking several other steps to curtail dog attacks upon people. I also am of the view that as violent as these dogs can be, merely banning them will not solve the dog bite problem. The root of this problem is not dogs but people, meaning the dangerous and often vicious owners of dangerous and vicious dogs. Tthe dog bite plague will not end until we embark upon the 10-step program that I outline on Dog Bite Law.
Whether pit bulls should be banned under the law is a controversial topic. For it or against it, I recommend that you bookmark DogsBite.org.
Friday, December 19, 2008
USA Death #24 - 60-Year-Old Man Killed By Pit Bulls At Home Of A Friend
On December 19, 2008, a 60-year-old man was attacked and killed by two pit bulls in Rubidoux, California. The name of the man has not been released. He was in a back yard of a friend, as were the dogs and their numerous puppies. (Click here to read the article.)
"The two dogs, one of them being a very large [male] pit bull, and the other one is a female pit bull, are family pets," said a police spokesman. "He was in the back yard smoking a cigarette, and for unknown reason, the two dogs that were known to him just attacked him."
This is the 24th USA fatality in 2008.
"The two dogs, one of them being a very large [male] pit bull, and the other one is a female pit bull, are family pets," said a police spokesman. "He was in the back yard smoking a cigarette, and for unknown reason, the two dogs that were known to him just attacked him."
This is the 24th USA fatality in 2008.
Wednesday, December 17, 2008
What Will Happen To Pets And Our Safety As the Economy Collapses?
As the USA economy collapses, people are losing their jobs and their savings, so how will they be able to care for their dogs and other pets? If our animals are not trained, socialized, healthy, and inside our homes, what will our streets be like? What kind of increase will we see in number of people bitten, and the severity of dog bite injuries?
The numbers paint a bleak picture. The deficit in fiscal 2007 was $162.8 billion, in 2008 was $454.8 billion, and in 2009 is expected to be $1 trillion.
This week, a joint report by the White House budget office and Treasury Department showed an estimated $56.4 trillion in debts, liabilities and promises for Medicare and Social Security versus a total household net worth of $56.5 trillion. In other words, U.S. debts and liabilities are close to passing the value of the U.S. population's net worth. (See Federal spending soars 25% before bailout, at the website of the Washington Times.)
The situation is grim and getting worse. This means that we are going to see increasing numbers of dogs and other pets on the street. The population of stray, sick, injured and uncontrolled animals will rise. The number of dog attacks upon people also will rise, because the factors associated with such attacks include lack of training, lack of socialization, poor health, injuries, and roaming in a pack.
We need to plan for the coming tide of roaming, hungry, suffering animals -- the other victims of the economic collapse of the United States and nations dependent upon us.
The numbers paint a bleak picture. The deficit in fiscal 2007 was $162.8 billion, in 2008 was $454.8 billion, and in 2009 is expected to be $1 trillion.
This week, a joint report by the White House budget office and Treasury Department showed an estimated $56.4 trillion in debts, liabilities and promises for Medicare and Social Security versus a total household net worth of $56.5 trillion. In other words, U.S. debts and liabilities are close to passing the value of the U.S. population's net worth. (See Federal spending soars 25% before bailout, at the website of the Washington Times.)
The situation is grim and getting worse. This means that we are going to see increasing numbers of dogs and other pets on the street. The population of stray, sick, injured and uncontrolled animals will rise. The number of dog attacks upon people also will rise, because the factors associated with such attacks include lack of training, lack of socialization, poor health, injuries, and roaming in a pack.
We need to plan for the coming tide of roaming, hungry, suffering animals -- the other victims of the economic collapse of the United States and nations dependent upon us.
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Ken....
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