The Dog Bite Victim Log

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


 

Young Boy Killed By Pit Bull In Texas - USA Death No. 6
Pablo Lopez aka Pablo Hernandez, 5, of Hidalgo County, Texas, was mauled to death by a pit bull on June 18, 2008. Child protective services had placed the boy in a home with two pit bulls. At the time of death, the only adult in the house was a babysitter. The pit bulls became excited, the babysitter called out for help, and a young adult male went to the house to try to calm them. However, one of the dogs grabbed the 5-year-old by the throat and crushed it for more than 20 seconds as the boy was screaming. Death was immediate. This happened in the back yard of the house. (Click here for the article.)

I have created a Dog Attack Danger Scale based on the most common features of the worst dog attacks. The scale is on the home page of Dog Bite Law (see the link at the top of this screen). Three of the five danger factors were present in this case: (1) more than one dog in their own yard, and no master present, (2) Pit bull, Rottweiler, Akita or Chow, and (3) pack mentality because more than one dog was present. The presence of even one of the factors on the scale is a warning of danger. You should memorize the scale and teach it to your family.
Posted on 19 Jun 2008 by Kenneth Phillips
Man Dies From Heart Attack After His Dog Was Attacked
On June 11, 2008, Michael Harrington, 66, of Brookmans Park (north of London), died of a heart attack moments after seeing his dog mauled by another. His leashed and muzzled greyhound was attacked by an unleashed, unmuzzled pit bull. The incident happened on public property near Harrington's home. (Click here to read more.)

I have often said that pit bulls are dangerous to people because these dogs were created to kill other dogs, and that people are too often the unintended victim. I have had cases such as the young girl from Texas who was bitten all over her body because she tried to save her puppy from a pit bull that wanted to kill it. We refer to such incidents as redirected aggression because the pit bull bites the person secondarily to the assault on another dog.

I have met many gentle pit bulls. Nevertheless, all of them were bred to kill other dogs, and any of these gentle dogs could have bitten me in a redirected attack upon another canine. For that reason, I consider pit bulls to be dangerous to people, and I feel that the evidence is conclusive. The breed is "hard wired" to kill other dogs.

This tragic death of Mr. Harrington raises another aspect of the dog bite problem. We love our dogs, and when our dogs suffer, we suffer. When pit bulls and other dogs attack our pets, we suffer emotionally. This is terrible and it is unnecessary. For Mr. Harrington, it was also fatal.

Something should be done about it. I do not advocate the banning of any breed of dog. Rather, I strongly advise every community to have a comprehensive "dangerous dog law" that, among other things, makes it illegal for any dog to run at large or be without a leash. Your community can adopt the Model Dangerous Dog Law written by me. And if your state follows the outdated English one-bite rule, your legislators should adopt the Dog Bite Statute written by me.
Posted on 18 Jun 2008 by Kenneth Phillips
Model Dog Bite Laws Are Now Available
Over the years, lawmakers from around the USA have asked me to draft dog bite laws for them. I have done so on the state, county and city level. Many communities around the USA have benefited, and yet, many lack the laws which are necessary to keep their streets safe.

I have finalized a Model Dangerous Dog Law and a Model Dog Bite Statute. Read them by clicking here.

These two model laws represent a fair balance between the rights of dog owners and the community's right to safe streets. You should review your city, county and state laws and compare them with these model laws. Feel free to pressure your lawmakers to adopt these model laws, too.

You can send me comments on the model laws by clicking on Contact Us, above.
Posted on 12 Jun 2008 by Kenneth Phillips
NFL Player Indicted on Felony Charge After His Pit Bulls Attack Woman
Former San Diego Charger Steve Foley has been indicted for a felony in Texas because his two pit bulls attacked a woman. They bit her on her face and arms. If convicted, he could be imprisoned for two to 10 years. (Click here to read the article.)

I have been warning that Texas now has the harshest laws in the nation against the owners of dangerous dogs. (See Texas on Dog Bite Law.) At the same time, however, Texas turns its back on the victims, forcing them to comply with the old English "one bite rule" in order to be compensated. Remember, a dog owner's homeowners insurance or renters insurance usually provides coverage for these attacks, so it is the insurance industry that actually profits from the one bite rule.

Texas needs to enact a strict liability dog bite law so that victims can be compensated. Putting the dog owners in jail but forcing victims to pay for their own medical bills -- with not a penny for pain and suffering -- equals only half a cup of justice. Half a cup of justice is no justice at all.
Posted on 09 Jun 2008 by Kenneth Phillips
Aunt and Sister Arrested For Near-Fatal Mauling of 9-Month-Old
Annette Hodgson, 37, and Samantha Alaniz, 22, of Fremont, California, were arrested for the nearly fatal mauling of a 9-month-old boy on May 27, 2008.

The child has serious injuries to his head and neck. Less than a month prior to this incident, the same dog had attacked Hodgson, biting her three times on May 11th. She misrepresented the prior incident to the police in order to retain custody of the dog -- and to expose the dog to her 9-month-old nephew.

Hodgson and Alaniz (as the dog's owner) will be charged with two serious felonies each: child endangerment and failing to protect the public from a vicious animal. (To read the article, click here.)
Posted on 07 Jun 2008 by Kenneth Phillips
Irresponsible Dog Owners Are a Worldwide Problem
Edinburgh Old TownAlthough this blog and my website, Dog Bite Law, concentrate on the USA, the fact of the matter is that irresponsible dog owners are a worldwide problem.

An article in the Edinburgh Paper today talks about bad dog owners in Scotland. According to reports there, the region of the country around Edinburgh (the Lothians) has seen a 300% rise in instances of dogs running at large during the past 4 years. (Click here to read the article.)

The second half of that article is noteworthy because it refers to the psychology of the irresponsible dog owners of that country. It is almost exactly the same as here in the USA. "'There is a macho culture of wanting certain breeds of dogs as a status symbol. Some of these owners then fail to exercise the responsibility of ownership.

"'They are treated as macho dogs and not socialised properly. Owners can also fail to train their dogs properly. That may be because they have not considered all that is needed to keep one or, with increasingly hectic modern life, owners cannot devote the time to look after them properly.'"
Posted on 04 Jun 2008 by Kenneth Phillips

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