This being said, if you plan to sue or carry out a lawsuit as the victim of a dog bite, you need an expert opinion and someone with extensive knowledge
of dog bite laws.
Let an experienced dog bite attorney handle dealing with all the complexities
of the dog bite laws while you recover from your injuries.
We know the ins and outs
of dog bite laws and how to maximize your compensation.
The last time I was working to help with the drafting
of a dog bite law, we came up with the following concepts.
Not exact matches
The governor also signed into
law a bill that will allow police departments to waive the requirement that a police
dog must be confined for 10 days after
biting a person while in the course
of official duties.
Different countries and states have different
laws and regulations regarding
dog bites and an experienced
dog bite lawyer will be able to advise you regarding the best course
of action.
It is required by
law that all cats,
dogs, and ferrets are vaccinated for this disease, as it is easily transmitted through
bites and contact with body fluids
of affected animals.
Although the
dog had a history
of biting, animal control officers told him they could not declare the
dog vicious until Winter Park adopted the county pet
law, Chapman said.
Zimmerman was apparently confounded when he was ordered to have 39
of his
dogs seen by a veterinarian due to flea and fly
bites that, rest assured, went above and beyond that
of minor skin irritations. Indeed, since
dog wardens are now outfitted with digital cameras it would be of tremendous interest to know if photographs of the doomed dogs exist. Nevertheless, Zimmerman contacted a large animal veterinarian for advice despite the fact that the state's Dog Law requires all licensed canine kennels to have documentation providing the name and contact information for the veterinarian of record who cares for the dogs. Could it be that Richard Martrich and Orlando Aguirre, the two dog wardens who had inspected the kennel over the previous six years, had overlooked this detail and is it possible that the dogs in Zimmerman's care had never been seen by a veterinari
dog wardens are now outfitted with digital cameras it would be
of tremendous interest to know if photographs
of the doomed
dogs exist. Nevertheless, Zimmerman contacted a large animal veterinarian for advice despite the fact that the state's
Dog Law requires all licensed canine kennels to have documentation providing the name and contact information for the veterinarian of record who cares for the dogs. Could it be that Richard Martrich and Orlando Aguirre, the two dog wardens who had inspected the kennel over the previous six years, had overlooked this detail and is it possible that the dogs in Zimmerman's care had never been seen by a veterinari
Dog Law requires all licensed canine kennels to have documentation providing the name and contact information for the veterinarian
of record who cares for the
dogs. Could it be that Richard Martrich and Orlando Aguirre, the two
dog wardens who had inspected the kennel over the previous six years, had overlooked this detail and is it possible that the dogs in Zimmerman's care had never been seen by a veterinari
dog wardens who had inspected the kennel over the previous six years, had overlooked this detail and is it possible that the
dogs in Zimmerman's care had never been seen by a veterinarian?
Critics
of breed - specific legislation argue that these
laws are not only discriminatory, penalizing all pit bulls regardless
of their behavior, but also ineffective in preventing
dog bite fatalities and injuries; further, such
laws raise concerns about due process rights.
These
laws have been proven ineffective for the rather obvious reason that they fundamentally misdiagnose the causes
of serious
dog -
bites, focusing on breeds rather than the interactions
of dogs and humans.
There are numerous studies showing that BSL
laws don't result in any decrease whatsoever in serious
dog bites (see here, here and here, and a summary
of several others here).
In response to
dog biting incidents,
laws are being passed to ban certain breeds
of dog.
In the years since the
law was passed, the number
of bites in the community has increased 67 %, and 1200
dogs have been killed directly because
of the ordinance.
However, almost all
of the decrease in
dog bites came the year before the
law was passed.
10) Omaha's breed - specific
law «successful» at increasing the number
of bites — more breed - specific
law failure — this time in Omaha, where the number
of dog bites has gone up 21 % since the city targeted 9 breeds
of dogs five years ago.
Responsible ownership, public education and enforcement
of existing
laws are the most effective ways
of reducing
dog bites.
Officers investigate animal welfare complaints, vicious
dog calls,
bite reports and they patrol over 500 square miles
of the county for complaints
of dogs at - large; reports
of dangerous or vicious
dogs and enforcement
of the
dog licensing
law.
Under NH State
law, a cat or
dog must be confined and observed for 10 days following the day
of the
bite.
Real
dogs not only must be housetrained - most owners are aware
of that need; they also must be taught not to chew the furniture, taught not to jump on their owners, taught not to play -
bite, taught not to bowl over the toddler, taught not to dig holes in the yard, taught to come when they are called, taught not to eat the homework or the woodwork, taught not to swipe food off the table, taught not to growl at strangers or bark at the mail carrier, taught to walk on a leash without dragging their owner down the block, taught to allow their toenails to be cut and their coats to be groomed without
biting the groomer, taught not to shred feather pillows and down comforters, taught not to steal the baby's toys, taught not to growl at their owner's mother - in -
law, taught to sit, stay, and to lay down when and where the owner tells them to, and to wait there until the owner says they may get up (absolutely essential commands for the
dog's own safety), taught not to escape out the front door or out
of the yard or out
of the car when the owner looks away for just a second... all
of these things and many more are not «natural» canine behaviors; they must be taught by owners who are willing to spend the time and the effort doing so.
«There is a better way: Research clearly shows that a more effective approach to dealing with dangerous
dogs includes improving
bite prevention education and implementing non-breed-specific dangerous
dog laws, enacted to place the primary responsibility for a
dog's behavior on the owner, regardless
of dog's breed.»
Fearing the teeth
of a proposed animal control ordinance could punish those who own guard
dogs, the City Council has sent the
law back for more work.The ordinance, which the city has been trying to rewrite for two years, includes a provision that would keep
dogs who have attacked people or other animals at home.However, council member Guy White said he is worried that a
dog that
bites a trespasser would be considered a vicious
dog and a homeowner could be penalized for defending his property.
Officials also should enforce leash
laws and have rigorous ordinances for any
dog that
bites, regardless
of its breed.
«Opponents
of BSL believe that such
laws are a demeaning overreaction perpetuated by media bias and claim that
dog bite statistics (showing pit bulls are responsible for the majority
of fatal
dog attacks) are unreliable sources
of information regarding the «viciousness»
of a breed.
In addition to rescuing
dogs, our organization educates and advocates for a range
of issues including pet overpopulation (the importance
of spaying and neutering), breed discrimination,
dog bite prevention, and animal welfare
laws.
These steps will decrease the number
of dog bites, the surrender
of dogs to shelters for bad behaviors, the nuisance calls, and the plethora
of restrictive
laws that are making things worse, not better.
Many municipalities already have by -
laws that deal with animal
bites, and in Ontario the
Dog Owners Liability Act has proven to be effective in confining, restraining or disposing
of biting or attacking
dogs judged to be a definite threat to public health and safety, and when evidence warrants, there is always Section # 221
of the Criminal Code
of Canada.
We all want to prevent
dog attacks, however, breed specific
laws have proven to be ineffective in the reduction
of dog bite incidents.
According to the Lijegren
Law Group, out
of 238 deaths from
dog bites from 1979 to 1998, Chow Chows caused eight.
In the United Kingdom and Spain, studies
of dog -
bite rates before and after implementation
of breed bans concluded that the breed - discriminatory
laws had no effect whatsoever on reducing
dog bites.
The Animal Control Division enforces all
laws related to domestic pets, which may include roaming
dogs, impoundment
of strays, animal adoptions, animal
bites investigations, care
of injured animals, rabies control, property damage and nuisance caused by
dogs, and cruelty investigations.
Sarnia is having quite a
bit of trouble identifying banned
dogs; this is an example
of why appearance - based
laws don't make sense.
Some jurisdictions — including the cities
of Edmonton and Burnaby, B.C. — have
laws requiring higher licensing fees for individual
dogs that have histories
of biting, chasing, or causing injury.
Municipal Animal Control Officers enforce all State
Laws and Town Ordinances related to domestic pets which may include roaming
dogs, impoundment
of strays, animal
bite investigations, barking nuisance, rabies control and animal cruelty.
Notwithstanding relative stability in the number
of dog bites over time (Bradley, 2006), and the fact that according to the U.S. Centers for Disease Control and Prevention (CDC) only two percent
of those seeking emergency room treatment for
dog bites each year are actually hospitalized (CDC WISQARS), some communities have enacted
laws that intensively regulate or even ban certain
dog breeds in an effort to decrease
dog attacks on humans (AVMA, 2001).
The CDC strongly recommends against breed - specific
laws in its oft - cited study
of fatal
dog attacks, noting that data collection related to
bites by breed is fraught with potential sources
of error (Sacks et al., 2000).
In summary, the ASPCA advocates the implementation
of a community
dog bite prevention program encompassing media and educational outreach in conjunction with the enactment, and vigorous enforcement,
of breed - neutral
laws that focus on the irresponsible and dangerous behavior
of individual guardians and their
dogs.
Central to this model is an «advisory council or task force representing a wide spectrum
of community concerns and perspectives» whose members review available
dog bite data, current
laws, and «sources
of ineffectiveness» and recommend realistic and enforceable policy, coupled with outreach to the media and educational efforts directed at those in regular contact with «
dog owners and potential victims» (e.g., medical and veterinary professionals, animal control / shelters, teachers)(AVMA, 2001).
By contrast, following Winnipeg's enactment
of a breed - neutral dangerous
dog law in 2000, pit bull
bites remained low and both Rottweiler and total
dog bites decreased significantly (Winnipeg reported
bite statistics, 1984 - 2003).
Ledy spent quite a
bit of time in South Dakota this year working with lawmakers, providing compelling testimony, and doing what she does best — protecting
dogs from unjust and ineffective
laws.
Some restrictions that various versions
of BSL impose are: - muzzling and leashing in public - muzzling and leashing in cars - extra-short leash lengths - automatic dangerous or vicious
dog designation, without any
bite history - banning from city parks and beaches where other breeds are allowed - banning from leash - free parks where other breeds are allowed - banning completely from jurisdiction (although sometimes existing
dogs are allowed to stay)- special (i.e., more expensive) licensing and jurisdiction - wide registry - special tags identifying the
dog as a restricted
dog - mandatory microchipping and photograph - mandatory insurance (often one million dollars) for each individual
dog on the premises - mandatory signage indicating the presence
of the
dog on the owner's property - mandatory secure enclosures (in some cases, mandatory chaining)- mandatory spay / neuter (to eventually eliminate the breed entirely)- higher fines and / or jail time if a restricted breed
bites or menaces - fines and / or jail time for any infraction
of any provision regarding restricted breeds - age limit for walking the
dog in public - persons with criminal records not allowed to own a restricted breed - ability
of law enforcement to stop owners on the street just to check the
dog's status - ability
of law enforcement to seize
dogs without proof
of wrongdoing - ability
of law enforcement to enter an owner's home, with or without a warrant, to investigate and / or seize a
dog
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Sam Basso works behind the scenes with fellow activists, especially those
of D.O.G, to devise a new
dog bite law and plan for educating the public about the need for changes.
While «saying» these
laws are about public safety «THEY» in fact PUT the public at greater risk
of dog bites.
The recent Maryland Court
of Appeals decision in Tracey v Solesky modifies the common
law in Maryland regarding liability for
bites attributed to
dogs the Court alternately referred to as «pit bull», «pit bull mix» or «cross ‐ bred pit bull mix».
See a partial list
of classesCanine Ethology History
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The new
law now «presumes that
dog owners know that all
dogs can
bite (regardless
of breed), preserves the
dog owner's ability to present evidence in their
dog's defense, and holds
dog owners strictly liable for injuries inflicted while a
dog is running at large,» the National Canine Research Council reports.
Well my children's hospital nurse, niece, and plastic surgeon's father in
law would really disagree with you because
of their real life experiences with
dog bites.
Under state
law,
dogs involved in
bite cases aren't allowed out
of their kennels, and it's likely they will end up being euthanized.
The website explains state and municipal
laws related to
dog ownership, and what legal claims may be made by victims
of bites or attacks.