The Dog Bite Victim Log

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


 

Fatal Dog Attack in Oklahoma by Pack of Dogs - USA Death Toll Rises to 26
On October 15, 2007, Rosalie Bivins, 65, died after a pack of five to seven dogs attacked her as she used a walker to make her way to the mailbox at the end of her driveway. This happened in Oklahoma, a strict liability state. (Click here to read the article.)

The common danger factor in this fatal mauling was multiple dogs, also referred to as the pack mentality. I have identified five dangerous circumstances that appear to be present in nearly all of the canine homicides in recent memory. According to the Kenneth Phillips dog bite danger scale, the presence of two or more of the following factors is to be avoided:

* More than one dog in their own yard, and no master present. Being in a yard controlled by one or more dogs, with the owner off somewhere else, is a common feature of many of the most recent canine inflicted homicides.

* Pit bull, Rottweiler, Akita or Chow. Where death is the result, the dog is most often a pit bull or a Rottweiler. The two other breeds that I see most in my law practice are Akitas and Chows.

* The pack mentality. 3 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.

* Chained or tethered. Chained dogs become dangerous.

* Male. Male dogs are several times more dangerous than female dogs.
Posted on 16 Oct 2007 by Kenneth Phillips
9 Months in Jail for Rottweiler Owner Who Defied Order and Caused Mauling
51-year-old Kieran Thomas Burns of Petaluma, California, was sentenced to nine months in jail and three years of probation today. His two Rottweilers broke out of his backyard April 29 and ran at Roberto Kampfner and his son, Roberto Jr., as they were walking near their home. Both the father and son were bitten, but the son was mauled terribly. (Click here to read the article.)

Burns previously had been cited for having potentially dangerous dogs and ordered to keep them on a leash at all times. Now his two Rottweilers have been enthanized, he is forbidden from owning dogs for three years, and he will spend up to nine months in jail.

The Kampfners have moved hundreds of miles away, but their son remains terrified of dogs and is still recovering from the mauling.

In Preventing Dog Bites, I have set forth a 10-point plan that includes restricting the kind of people who should be allowed to own fighting dogs and the bigger, more powerful dogs. People like Burns who violate animal control laws would not be allowed to have such dogs under the laws that I advocate. Most of the time, it is the dog owners who are dangerous and even vicious -- their dogs just follow suit.
Posted on 27 Sep 2007 by Kenneth Phillips
Michael Vick Is Caught With Marijuana In Blood
The disgraced former quarterback of the Atlanta Falcons, Michael Vick, has tested positive for marijuana use as he awaits sentencing for crimes related to dog fighting. (Click here to read the article.)

The federal judge who will sentence Vick in December has ordered him to remain home at night. Engaging in any criminal act while awaiting sentencing is both a violation of the terms of bail as well as downright foolish. Appearing to disrespect the "system" is a sure way to draw the ire of the court and a greater prison sentence.

Interestingly, a study earlier this year concluded that owners of "high-risk dogs" such a pit bulls are most likely to be people who violate criminal laws. (See "Owners of Vicious Dogs More Likely to be Convicted of Crimes, According to New Study" at this blog.)

Once again, Vick confirms the worst about certain dog owners.
Posted on 26 Sep 2007 by Kenneth Phillips
2-Year-Old Boy Killed by Dogs - USA Death Toll Is 24 For 2007
In Lincolton, North Carolina, a two-year-old child, reported missing from a relative’s residence, was found wrapped in a dog chain with two dogs standing over him. The toddler, unidentified by law enforcement officials, was mauled by a German Shepherd and another dog. (Click here to read the article.)

North Carolina is a "one-bite state." It follows the British "one-bite rule," which says that the owner of a domestic animal is not liable for injury or death caused by that animal unless and until the owner becomes aware of the animal's viciousness toward people.

This is the 24th canine homicide in the USA in 2007. Of these, 12 have been in the 18 "one-bite states." Additionally, 5 more have been in the states whose dog bite statutes substantially confirm or re-enact the British rule. The states that make owners responsible for all bites have seen only 7 deaths this year.

It appears clear that the British rule, which absolves dog owners who fail to be vigilant regarding their vicious dogs, needs to be replaced with modern laws imposing strict liability on dog owners for all bites.
Posted on 26 Sep 2007 by Kenneth Phillips
Bed Newz for Michael Vick - Indicted Again, Now on State Charges
Atlanta Falcons quarterback Michael Vick has been indicted today on state charges related to dog fighting. He already pleaded guilty to federal charges, so these are additional and can result in additional penalties.

He and his Bad Newz Kennels cohorts have been almost universally condemned for engaging in dog fighting and for killing the dogs that refused to be vicious enough. See prior posts on this blog for more information.

Sentencing on Vick's federal guilty pleas is scheduled for December 10th.
Posted on 25 Sep 2007 by Kenneth Phillips
Group Wants Fire Crews To Carry Pet Oxygen Masks
Although at least one state worries that attempt to save the lives of animals might result in firefighters getting bitten, here is an article that says that firefighters, the Humane Society of the US, and others want firemen to carry oxygen masks so they can save animals. (Click here to read it.)

The article gives no consideration to the cost, in terms of time lost, when firefighters are saving pets instead of doing other things. There also is no mention of the risks of treating an animal under some circumstances, like when there is a building that is blazing in the background.

One of the points that I make in my book, What To Do If Your Dog Is Injured Or Killed, is that people in the USA love their pet animals a great deal, and therefore that it appears unfair to evaluate the loss of a pet in the same manner as a stained tie, a dented car fender, or a stolen bicycle. This call for oxygen masks gives further support to the point that I make in my book. (To read more about the book, click here.)
Posted on 24 Sep 2007 by Kenneth Phillips

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