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An interesting article about the Maryland court. Here is the ruling from the court:
"Upon a plaintiff’s sufficient proof that a dog involved in an attack is a pit bull or a pit bull cross, and that the owner, or other person(s) who has the right to control the pit bull’s presence on the subject premises (including a landlord who has a right to prohibit such dogs on leased premises) knows, or has reason to know, that the dog is a pit bull or cross-bred pit bull, that person is liable for the damages caused to a plaintiff who is attacked by the dog on or from the owner’s or lessor’s premises. In that case a plaintiff has established a prima facie case of negligence. When an attack involves pit bulls, it is no longer necessary to prove that the particular pit bull or pit bulls are dangerous."
]Usually, if a person is attacked by a dog, and sues the dog's owner, the person has the burden of proof in showing that the 1) dog was a menace and 2) that said owner knew that the dog was a menace. Remember the old saw that 'every dog is entitled to one bite'? After that first bite the owner was then presumed to know that the dog was dangerous.
What the court is doing is simple: if the dog is a pit bull, or a cross with a pit bull, the plaintiff no longer has to prove that said dog is a menace or that the owner knew said dog was a menace. Pit bulls do not get one free bite.
]I admit, I rather hate to see any breed of dog become 'presumptively dangerous', since, as many have pointed out, such dogs are problems usually due to the owner's training (or, lack of training).
However, I also have some trouble with the 'free bite' idea: I do not want to be any dogs' free bite.
Anyway, the Maryland legislature can pass a law, if they so desire, proclaiming that pit bulls are cuddly bunny rabbits, and so overrule the Maryland court.
Last edited by legalsea; 05-03-2012 at 08:11 AM..
Reason: strange stuff!
All you pit bull lovers prove my point. You'll be the next one up saying "Well Lordie Lord my little muffin never hurt a fly" as you see a child mauled in the street by your little angel.
According to this study conducted between 1982 and 2011 Pit Bull attacks where 57% higher than the combination of pit bull mixes, rottweilers, their close mixes and wolf hybrids. Seems a little inherent to me.
Quote:
Originally Posted by ImissThe90's
Anyone who thinks a certain breed is dangerous obviously knows zero about dogs. I worked at a kennel in high school, had pits all the time, and not one showed aggression. Labs and golden and cockers on the other hand, we had problems with them all the time. It is all in how they are raised. This is just another attempt by people to pass blame. How could it be a human problem when we have a perfectly good scapegoat in pit bulls. Ignorance is rampant.
All you pit bull lovers prove my point. You'll be the next one up saying "Well Lordie Lord my little muffin never hurt a fly" as you see a child mauled in the street by your little angel.
You are so dead wrong it's pathetic. You obviously have zero clue on how to raise dogs OR kids, and have ZERO understanding of leash laws and why they should be obeyed.
Myself I would never own a pit bull because I would always be afraid it would end up biting someone and I couldn't get house insurance also.
A new ruling makes it easier for anyone attacked by a pit bull or pit bull mix in Maryland to take legal action against the dog's owner.
The Maryland Court of Appeals ruling declares pit bulls as a breed are "inherently dangerous," and the owner of a pit bull or a cross-bred pit that attacks is strictly liable for damages, as is any landlord who rents to a pit bull owner.
So posting statistics is ignorant? Okay fine but you really don't think that is an abnormally large difference in attacks by one breed? The law itself is meant to hold the owners MORE accountable which is exactly what you people are saying right? It's the owner's fault so blame them. Sure it's targeting Pit Bull owners but if they are the largest source of the attacks then I have no problem with them being singled out.
You are so dead wrong it's pathetic. You obviously have zero clue on how to raise dogs OR kids, and have ZERO understanding of leash laws and why they should be obeyed.
You are so dead wrong it's pathetic. You obviously have zero clue on how to raise dogs OR kids, and have ZERO understanding of leash laws and why they should be obeyed.
You are absolutely right but the problem was that people could "ignore" those leash laws and the burden was on the victim. Now it's on the owner and the law is meant to curtail that. You say the owners are responsible but you have a problem with them being held accountable?
So posting statistics is ignorant? Okay fine but you really don't think that is an abnormally large difference in attacks by one breed? The law itself is meant to hold the owners MORE accountable which is exactly what you people are saying right? It's the owner's fault so blame them. Sure it's targeting Pit Bull owners but if they are the largest source of the attacks then I have no problem with them being singled out.
I guess it's escaped you to look at certain types of people (and yes, races) who own pits. Does the name Michael Vick ring a bell?
If you can't figure it out on your own, there's simply no hope for you.
Quote:
Originally Posted by tluv00
You are absolutely right but the problem was that people could "ignore" those leash laws and the burden was on the victim. Now it's on the owner and the law is meant to curtail that. You say the owners are responsible but you have a problem with them being held accountable?
Let me explain something else to you, you poor thing.
Where I live, I have permission to take any action I need to take, including shooting, any person or animal that threatens me or my property (my dog is my property).
I take extreme responsibility for my dog because I love her more than life itself. If anything tried to harm her or me, they're outta here. Period. End of story.
I guess it's escaped you to look at certain types of people (and yes, races) who own pits. Does the name Michael Vick ring a bell?
If you can't figure it out on your own, there's simply no hope for you.
Let me explain something else to you, you poor thing.
Where I live, I have permission to take any action I need to take, including shooting, any person or animal that threatens me or my property (my dog is my property).
I take extreme responsibility for my dog because I love her more than life itself. If anything tried to harm her or me, they're outta here. Period. End of story.
1) WTF does race have anything to do with this? White people have pits that attack people as well. Their kids included. If you can't figure that out then there is no help for you but glad your internet anonymity gives you the stones to vent your racist beliefs.
2) What does your permission to take any action against someone have to do with a pit bull attacking someone and the owner being held responsible?
Put down the gun, alcohol and kibbles n bits. Your rant has zero to do with the law being passed. It's not about you loving your pet more than life itself (it's just you and the dog isn't it?) or someone trying to harm your dog it's about a Pit Bull owner being responsible for the actions of their pet.
Glad you take care of your dog. That means it shouldn't attack someone. This law is for those who don't take care of their Pit Bull and they do attack someone.
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