The Dog Bite Victim Log

News and opinion about dog bites, by Attorney Kenneth Phillips, the author of Dog Bite Law


 

First Arrest Under Harsh New Texas Law
A Texas man whose pit bull mauled a 12-year-old boy was arrested on felony “attack by dog” charges Friday. He appears to be the first person who has been charged under "Lilian's Law," which makes it a felony in Texas if a dog owner, through criminal negligence, fails to prevent his dog from escaping and the dog injures or kills a person. (Click here to read the article.)

The third-degree felony charge can bring a sentence of two to 10 years in prison and a $10,000 fine. If the victim dies, a dog owner can be charged with a second-degree felony, which could bring up to 20 years in prison.

In 2007, Texas led the nation in canine homicides. Fatal dog attacks have increased in the USA from 15 to 20 per year in the 1990s, to 30 to 35 per year during the past several years. There is nearly universal agreement that dog owners are responsible for vicious behavior by domestic dogs. (For more, see Dangerous and Vicious Dogs on the main site.)
Posted on 09 Feb 2008 by Kenneth Phillips
Pet Food Scandal Produces Indictments
Two Chinese businesses and a U.S. company were indicted Wednesday in the tainted pet food incidents that killed dozens of animals last year and raised worries about products made in China. (Click here to read an extensive analysis, on the section of my site entitled The Pet Food Recall.)

Federal prosecutors have filed 13 counts of introduction of adulterated food into interstate commerce, 13 counts of introduction of misbranded food into interstate commerce, and one count of conspiracy to commit wire fraud. (Click here to read the article.)
Posted on 06 Feb 2008 by Kenneth Phillips
$1 Million Settlement In Disfigurement Case
Wendy Rydberg, 39, of Santa Rosa, California, has settled her disfigurement claim for one million dollars ($900,000 to her and $100,000 divided among her children and husband). (Click here for a news report of the settlement.)

On April 6, 2006, she was attacked by a bulldog while on a walk with her kids. Her nose and part of her lips were bitten off, resulting in three surgeries and permanent disfigurement. (Click here for the original article.)

The dog owner, Emmellia Dale-Pincus, 19, was sentenced to serve four months in the Sonoma County jail, perform 100 hours of community service, and meet other terms and conditions of supervised probation for a period of three years. (Click here for the prosecutor's press release.)

For some reason, dogs aim for the nose and lips when attacking, and tear away at the face, head and neck when killing or attempting to kill a person. Click here to learn about the causes of canine aggression against people.
Posted on 06 Feb 2008 by Kenneth Phillips
Victim Sues Animal Control - Worthy Cause But Difficult To Win
In November 2006, Dr. Nancy Matthews, a 47 veterinarian, was mauled by two boxers that previously bit two other people and were on the loose near her house in northern San Diego County. The dog owner, Pedro Torres, pleaded guilty to a felony and in December 2007 was sentenced to 90 days in jail and four years on probation.

Matthews is suing Animal Services, alleging that the department failed to investigate previous bites by the dogs and take steps to protect the public. She is seeking an unspecified amount of damages. In California, court actions for injuries are not permitted to state the amount being sought, which is subject to proof at trial. The judge hearing the case has ruled that it cannot succeed as a matter of law, but has given Matthews' lawyer a second opportunity to make the civil charges stick. (To read the article about this case, click here.)

In my opinion, the courts in general need to take these cases very seriously and allow worthy claims to proceed to trial. It makes no sense at all for law enforcement to promise to keep the streets safe from dangerous dogs, and to prosecute people for killing dangerous dogs, while the authorities themselves do next to nothing. In every state, the duty to provide animal control services should be mandatory on the part of cities and counties, and people who are injured because of the negligence of the authorities should be compensated.
Posted on 04 Feb 2008 by Kenneth Phillips
Child Was Killed by Pit Bull, Not By Knife
In 1997, Louise Reynolds, a 28 year old single mother living in Kingston, Ontario, was charged with 2nd degree murder for having killed her seven-year old daughter Sharon.

Prosecutors said that she stabbed the child more than 80 times with a pair of scissors, “because she was angry at her for having head-lice.” There was dog excrement found near the girl's body, and it was noted the dog appeared to be covered in ketchup.

Much of the case rested on a 10-page autopsy report by Dr. Charles Randal Smith, the head pediatric forensic pathologist at the Hospital for Sick Children in Toronto, Canada, from 1982 to 2003.

In January 2001 prosecutors abruptly dropped the charges, after numerous experts, including prosecution witnesses, disagreed with Smith and agreed that a pit bull had mauled the girl.

By then, Reynolds had spent three and a half years in jail awaiting trial. While she was in prison, her other daughter was adopted.

To read more about the disgraced Dr. Smith, click here.
Posted on 03 Feb 2008 by Kenneth Phillips
Dog Owner Sentenced To 20-24 Months In Jail After Fatal Dog Attack
Jimmy Ray Cowan III, 52, of Winston-Salem, North Carolina, was sentenced this week to serve 20 to 24 months in prison because his two pit bulls killed a neighbor. The body of Charles Gilbert Dalton, a father and grandfather, was found on March 14, 2006. He had bled to death from multiple dog bites, including wounds on his face, scalp and hand. (Click here to read the article.)

This canine homicide presented two indicators of danger, as measured by the Dog Attack Danger Scale. First, the involvement of a pit bull, Rottweiler, Akita or Chow. Where death is the result, the dog is most often a pit bull or a Rottweiler.

Second, the pack mentality. 3 dogs 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. (Click here to read about the scale on Dog Bite Law.)
Posted on 30 Jan 2008 by Kenneth Phillips

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