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Confidential Settlement of Civil Case After Dogs Kills Two
Dog owner Diane Cockrell was ordered to serve 43 months to 15 years for the Sept. 13, 2007, deaths of Edward Gierlach, 91, and Cheryl Harper, 56. She began serving her sentence on Jan. 2, 2009. This week, it was announced that the families of the victims had settled their civil claims for wrongful death. However, the settlement amounts were not announced.
When a person dies as a result of wrongdoing, or when there is statutory liability, the family of the deceased person usually is entitled to compensation. The dog bite statutes provide liability in most American states. The compensation is paid by the dog owner's homeowners policy or renters policy.
Insurance helps spread the impact of a loss. Instead of it falling entirely on the victim, and having to be paid entirely by the dog owner, the loss is compensated by an insurance company. The insurance company in turn raised the funds from policyholders and sound investments. In theory and often in practice, this is a great system for spreading losses and helping each other.
However, insurance companies usually are in business for a profit. Their representatives are rewarded for, among things, saving money for the company. The insurance company and its adjusters have incentives for cutting a victim's compensation to a minimum. This is why the victim needs to be represented by an attorney. (For further information, read Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child?.)
When a person dies as a result of wrongdoing, or when there is statutory liability, the family of the deceased person usually is entitled to compensation. The dog bite statutes provide liability in most American states. The compensation is paid by the dog owner's homeowners policy or renters policy.
Insurance helps spread the impact of a loss. Instead of it falling entirely on the victim, and having to be paid entirely by the dog owner, the loss is compensated by an insurance company. The insurance company in turn raised the funds from policyholders and sound investments. In theory and often in practice, this is a great system for spreading losses and helping each other.
However, insurance companies usually are in business for a profit. Their representatives are rewarded for, among things, saving money for the company. The insurance company and its adjusters have incentives for cutting a victim's compensation to a minimum. This is why the victim needs to be represented by an attorney. (For further information, read Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child?.)
Convicted Killer's Dogs Are Going To Die -- This Also Is Not Fair
Bentley Collins of Dillon, South Carolina, was found guilty of involuntary manslaughter and three counts of keeping unconfined dangerous animals in connection with the death of Matthew Davis in November 2006. The dogs involved were euthanized about a week after Davis’ death.
Collins was ordered to not obtain other dogs. He defied the order. Today, four of his dogs are at the local animal shelter. They are "good" dogs in that they have not behaved viciously toward people. Nevertheless, they probably will be put down unless adopted in a hurry. (Read the article.)
The dogs are in custody because their owner is a killer -- a killer who killed a child by misusing dogs. But is it fair to the "good" dogs? I believe that the answer is a firm "no." It is not fair to these dogs at all.
But that is how it is. Throughout the USA, most cities do not do a great job of licensing dogs and dog owners. The owners frequently break the laws by allowing their dogs to run at large, defecate on other people's property, and bark without justification. Even when dogs bite humans, the animal control departments don't act reasonably because they usually do nothing at all to the bad dogs and their bad owners.
We let bad people ruin their dogs, use them in a way that harms other people and other people's property, fail to train, socialize and maintain them in a healthy condition. We have such insufficient laws to control the worst of it that our only solution is to kill the animals of these bad people. This is medieval justice at best. Strong laws against bad owners would minimize the number of injuries and be more fair to good dogs.
Collins was ordered to not obtain other dogs. He defied the order. Today, four of his dogs are at the local animal shelter. They are "good" dogs in that they have not behaved viciously toward people. Nevertheless, they probably will be put down unless adopted in a hurry. (Read the article.)
The dogs are in custody because their owner is a killer -- a killer who killed a child by misusing dogs. But is it fair to the "good" dogs? I believe that the answer is a firm "no." It is not fair to these dogs at all.
But that is how it is. Throughout the USA, most cities do not do a great job of licensing dogs and dog owners. The owners frequently break the laws by allowing their dogs to run at large, defecate on other people's property, and bark without justification. Even when dogs bite humans, the animal control departments don't act reasonably because they usually do nothing at all to the bad dogs and their bad owners.
We let bad people ruin their dogs, use them in a way that harms other people and other people's property, fail to train, socialize and maintain them in a healthy condition. We have such insufficient laws to control the worst of it that our only solution is to kill the animals of these bad people. This is medieval justice at best. Strong laws against bad owners would minimize the number of injuries and be more fair to good dogs.
Police Rescue Man From His Own Pit Bull -- Can Anyone Explain This To The Rest Of Us?
This week, police responded to the screams of a pit bull owner from inside his home. Officers found him on the ground, his pit bull clamped onto his arm. When the dog was Tasered, it simply ran to another part of the house, but was captured. The 47-year-old man was hospitalized in serious condition. He has requested that his dog be put down. (Click here to read the article.)
We refer to the dog as "man's best friend." But again and again we learn about pit bulls that maul and kill their owners and, more often, their owners' children. What kind of best friend is this? Are we to believe that all of these pit bull owners, whose dogs maim them and their kids, are simply bad people? To the other extreme, are we to assume that all of these particular pit bulls were anomalies -- defective freaks of their breed which should not reflect on or tarnish the reputation of the breed as a whole? Or, as some believe, are all of these news accounts made up by evil journalists who hate dogs?
Those are the three positions that I hear most often. The debate will rage on until a scientific study establishes what, if anything, is wrong with the pit bull. Until that happens, my opinion will be that the dog was hard-wired for violence against other dogs, and additionally has some type of mental defect that causes this violent trait to focus on other living things in a random manner.
And one more thing: love them or hate them, pit bulls were responsible for two-thirds of all fatal dog attacks in the USA last year, and only one U.S. citizen over the age of 3 was killed by a breed other than a pit bull.
We refer to the dog as "man's best friend." But again and again we learn about pit bulls that maul and kill their owners and, more often, their owners' children. What kind of best friend is this? Are we to believe that all of these pit bull owners, whose dogs maim them and their kids, are simply bad people? To the other extreme, are we to assume that all of these particular pit bulls were anomalies -- defective freaks of their breed which should not reflect on or tarnish the reputation of the breed as a whole? Or, as some believe, are all of these news accounts made up by evil journalists who hate dogs?
Those are the three positions that I hear most often. The debate will rage on until a scientific study establishes what, if anything, is wrong with the pit bull. Until that happens, my opinion will be that the dog was hard-wired for violence against other dogs, and additionally has some type of mental defect that causes this violent trait to focus on other living things in a random manner.
And one more thing: love them or hate them, pit bulls were responsible for two-thirds of all fatal dog attacks in the USA last year, and only one U.S. citizen over the age of 3 was killed by a breed other than a pit bull.
Dog Owner Found Guilty of Manslaughter, Sentenced to 5 Years
Bentley Collins of Dillon, South Carolina, has been found guilty of one count of involuntary manslaughter and three counts of keeping unconfined dangerous animals in connection with the death of Matthew Davis. (Read the article.)
Even after his six pit bulls mauled the child to death -- even during the trial itself -- this defendant was allowing his other pit bulls to run at large. “The defendant still has pit mixes running around on his property,” the prosecutor said. “It’s almost an act of defiance (and) disregard.... One would think you could govern your behavior differently.”
Allowing a pack of pit bulls to run at large scores 2 on the Dog Attack Danger Scale. Dog attacks are associated with one or more of the following circumstances:
* 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.
Nevertheless, this killing as well as many others provides fuel for the debate about dog owner responsibility. The enormous lack of common sense exhibited by this defendant lends fuel to the argument that there are no bad dogs without bad owners. I have stated again and again that all of my dog bite cases involve dog owners who were at fault in some way. This is why I favor my 10-step plan for reducing dog bites over breed specific laws.
Even after his six pit bulls mauled the child to death -- even during the trial itself -- this defendant was allowing his other pit bulls to run at large. “The defendant still has pit mixes running around on his property,” the prosecutor said. “It’s almost an act of defiance (and) disregard.... One would think you could govern your behavior differently.”
Allowing a pack of pit bulls to run at large scores 2 on the Dog Attack Danger Scale. Dog attacks are associated with one or more of the following circumstances:
* 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.
Nevertheless, this killing as well as many others provides fuel for the debate about dog owner responsibility. The enormous lack of common sense exhibited by this defendant lends fuel to the argument that there are no bad dogs without bad owners. I have stated again and again that all of my dog bite cases involve dog owners who were at fault in some way. This is why I favor my 10-step plan for reducing dog bites over breed specific laws.
Another Child Killed By Dog - USA Fatality #3 for 2009
On January 15, 2009, Brooklynn Grace Milburn, a 3-year-old girl from Fort Worth, Texas, was killed by a neighbor's Rottweiler dog. She was playing in her back yard when she crawled through a hole in the fence. Her parents believed that the hole was too small for her to get through. (Read the article.)
Two factors on the Dog Attack Danger Scale were present here:
* A dog in its own yard, and no master present.
* Pit bull, Rottweiler, Akita or Chow.
Two other dangerous factors, not on the scale, were also involved:
* Texas is a one-bite state. The law tells dog owners that they need not be vigilant because they won't be held civilly liable until AFTER their dog mauls one person (unless the dog owner's negligence or intentional conduct caused the attack). (To learn more about the Texas law, see Texas. Go to Model Dog Bite Laws if you are interested in eliminating the one-bite law in Texas.)
* The first meeting of a dog and a child. Colleen Lynn, the founder of DogsBite.org, reports that a significant percent of fatalities happen when a dog and a child first meet. For examples, see Canine Homicides at the topic Dangerous and Vicious Dogs on Dog Bite Law.
Two factors on the Dog Attack Danger Scale were present here:
* A dog in its own yard, and no master present.
* Pit bull, Rottweiler, Akita or Chow.
Two other dangerous factors, not on the scale, were also involved:
* Texas is a one-bite state. The law tells dog owners that they need not be vigilant because they won't be held civilly liable until AFTER their dog mauls one person (unless the dog owner's negligence or intentional conduct caused the attack). (To learn more about the Texas law, see Texas. Go to Model Dog Bite Laws if you are interested in eliminating the one-bite law in Texas.)
* The first meeting of a dog and a child. Colleen Lynn, the founder of DogsBite.org, reports that a significant percent of fatalities happen when a dog and a child first meet. For examples, see Canine Homicides at the topic Dangerous and Vicious Dogs on Dog Bite Law.
Yes, Mickey Thanked His Dogs
Accepting his Golden Globe for Best Actor in a Dramatic Motion Picture, Mickey Rourke thanked a number of people and his dogs, including those which were living and those which were not.He is right to believe that his dogs contributed to his well being and success. The beneficial effect of good dogs on people has been studied scientifically and proven. Mickey's comments made sense and were refreshing to hear.
Pets have the ability to enhance our health and quality of life. Medical and psychological research shows that pets appear to be associated with a broad range of health and emotional benefits, such as increased general health, decreased stress, decreased risk and slower progression of coronary heart disease, enhanced cognitive development in children, and emotional support. (Friedmann, E., The Role of Pets in Enhancing Human Well-Being: Physiological Effects (1990); Poresky, R. H. and Hendrix, C. (1988) Developmental benefits of pets for young children; Pets as Sources of Support for Mothers, Fathers and Young Children. Gail F. Melson, Ph.D., Purdue University, West Lafayette, IN 47907; Rona Schwartz, M.S., Purdue University; Alan Beck, Sc.D, Purdue University.)
If you click "Read More" below, you can read more about the importance of dogs and other companion animals. The excerpt is from my book, What To Do If Your Dog Is Injured Or Killed (2007).
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