The Dog Bite Victim Log

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


 

Texas One Bite Rule - Two Toddlers Mauled By Uncle's Pit Bull
The people of Texas are being lied to by politicians who claim that the proposed dog law is going to end the one bite rule. In fact, House Bill 1355 does not mention the one bite rule, which pertains to civil liability for injuries by animals. The Gattis bill would simply put dog owners in jail longer. H.B. 1355 seeks to increase the jail time for owners who fail to reasonably secure their dogs, resulting in serious bodily injury or death. The new law will do absolutely nothing for victims, who will have to pay their own medical bills, will have no compensation for minimizing the effect of their scars, and will not be compensated for pain, suffering, lost income, loss of earning capacity, disability or anything else.

A duo of recent maulings illustrates the cruelty of the one bite rule in Texas, and how the proposed law will fail the victims. Last weekend, 4 year old Aladrien Simmons and her cousin, 18 month old Makayla Patterson, were left alone in the back yard of their uncle. Also present was a pit bull on a chain. This dog had never bitten anyone before, according to its owner. But it became agitated, broke free, and mauled the two girls. (To read the news story, click here.)

Here's how the Texas one bite rule and the Gattis bill will work in this case. If the proposed bill passes, the uncle's homeowner's insurance company will be allowed to deny paying anything to the little girls. They will get nothing for their scarred bodies and their loss of future earning capacity if they end up disfigured or disabled. If they don't have health insurance, their parents or the taxpayers will have to pay for their medical bills.

The uncle will wonder what he was buying in exchange for all of those homeowner (or renter) insurance payments. His nieces will be scarred for life, and their parents will have huge medical bills which could destroy their credit. Family relationships will be destroyed. But the homeowners (or renters) insurance company will be a bit more profitable for its owners.

Is this justice? Is this fair to dog owners in Texas who purchase homeowners or renters insurance and believe it will protect them from disasters like this one?

Ask the Texas legislature what they are thinking when they deceive the public into believing that they are ending the one-bite rule, when in fact the new bill does not mention the one bite rule and does nothing to end it. Texans should demand full justice for dog bite victims, meaning an end to the ancient English one bite rule.
Posted on 05 May 2007 by Kenneth Phillips
Strict Criminal And Civil Liability Is Needed To Curb Dogs Running At Large
Owning a dog brings the duty of making sure that the animal does not go at large upon public property, because many terrible accidents involve dogs running at large. The nation's "at large laws" often contain loopholes, however, that allow dog owners to escape responsibility for such accidents. A new mauling incident in Maryland has underscored this problem.

Two children are recovering after being attacked by a pit bull in Towson, Maryland, over the weekend, and police said the dog's owner will not be charged.

One of two caged pit bulls got out and attacked two boys playing nearby. The pit bull attacked Domenic Solesky, 10, biting his face and severing a major artery in his leg. The child had to get two blood transfusions and is still in the care of Johns Hopkins Hospital.

Baltimore County police investigating the incident said the dog's owner faces no criminal charges because the owner violated no laws. Cpl. Mike Hill said the dog's pen met code standards. "This owner owns two dogs. They are both American terrier pit bulls, both registered, both confined and locked in a pen. The pen is … steel fenced, which is legitimate and legal and it was locked at the time," Hill said.

In Tennessee, I have assisted in the drafting of an at-large law that would impose strict criminal liability upon dog owners in cases like the one described above. Every state should have a strict liability law for this situation.
Posted on 04 May 2007 by Kenneth Phillips
Michigan Man Sentenced After Daughter Mauled By Rottweiler
Cory Wass, of Newberry, Michigan, will serve a year in jail for child abuse. His toddler wandered outside and encountered his pet Rottweiler while the man was taking a nap. The little girl suffered serious injuries and hypothermia during the hour-long mauling.

There were common factors at play here: young child, owner not present, Rottweiler, nothing keeping the child from the dog. Sorry to say it, but adults who permit this common and tragic scenario to play out need to be punished and made an example of.
Posted on 04 May 2007 by Kenneth Phillips
Texas Criminal Dog Bite Law Passes House
Texas is on its way to imposing the nation's harshest penalties against irresponsible dog owners, while continuing to turn its back upon the victims of dog bites.

Texas House Bill 1355 (the Gattis bill) says dog owners will face a 3rd degree felony if their dog critically injures someone. And if the victim dies it raises it to a 2nd degree felony punishable by up to 20 years in prison.

Yet, the state is doing nothing about the "one-bite rule," which protects a dog owner from civil liability to a dog bite victim until the dog has already bitten a person or shown the tendency to bite someone. The one bite rule was created in the 1600s by English judges for English villagers who allowed goats, pigs and other animals to roam in and out of their houses. The one bite rule is inappropriate for modern Texas and it is cruel to dog bite victims. (For more, see The One Bite Rule.)

When will Texans wake up and demand a full cup of justice from irresponsible dog owners? Putting one in jail is fine, but does absolutely nothing for the injured victim. The state needs a dog bite law that imposes strict civil liability upon dog owners when their dogs bite someone, allowing the victims to recover full compensation for economic damages as well as pain and suffering.
Posted on 04 May 2007 by Kenneth Phillips
"I could not be with her when she needed us most and she died with strangers."
Every day, I receive messages from people whose dogs have been attacked by other dogs. Some of these stories are absolutely heartbreaking, not only because of what happened to the injured dog, but because of the emotional pain that is suffered by its owners.

I received permission to share one such message with you, and you can read it by clicking Read More, below.

I feel that dogs which were bred to kill other dogs are particularly dangerous when they are at large and even when they are simply being walked off leash. To prevent accidental injuries from dog fights, I strongly feel that dogs need to be properly confined at home and leashed in public. Read More, below.
Posted on 02 May 2007 by Kenneth Phillips
Nationwide Reporting of Dog Bites Is Necessary
There should be a nationwide study of dog bites so that we can get the facts -- the real facts -- and then craft appropriate laws to take some of the "bite" out of the dog bite epidemic.

If we can learn more about dog bites, we can respond to some issues that are of great importance to dog owners, such as breed banning, insurance industry refusal to insure the owners of certain breeds, and the current reasons why there are so many dog attacks.

To find out more, click on Read More, below.
Posted on 30 Apr 2007 by Kenneth Phillips

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