Monday, 9 February 2015

Appellate court decisions on BSL and Pit bull type dog danger

For additional accurate information on the public safety Danger of Pit Bull Type Dogs visit:

http://www.dogsbite.org/

http://www.daxtonsfriends.com/

http://www.animals24-7.org/category/dogs-cats/dogs/
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Appellate court decisions on BSL and Pit bull type dog danger:

Appellate courts across the United States have recognized the dangerousness of the pit bull breed for over 25-years.
We've listed excerpts from court decisions that demonstrate this.

Hardwick v. Town of Ceredo (2013)
Supreme Court of Appeals of West Virginia

That each Defendant's dogs are of the breed that is typically referred to generically as pit bull dogs which are aggressive by nature, have been known as attack animals with strong massive heads and jaws, and have been found to represent a public health hazard.

The Majority of jurisdictions have accepted the proposition that dogs of this type have a propensity to be aggressive and attack without provocation and it is well established that such dogs have gotten a lot of notoriety of being dangerous to public health and safety.
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Tracey v. Solesky (2012)
Court of Appeals of Maryland

We are modifying the Maryland common law of liability as it relates to attacks by pit bull and cross-bred pit bull dogs against humans.
With the standard we establish today (which is to be applied in this case on remand), when an owner or a landlord is proven to have knowledge of the presence of a pit bull or cross-bred pit bull (as both the owner and landlord did in this case) or should have had such knowledge, a prima facie case is established.

It is not necessary that the landlord (or the pit bull's owner) have actual knowledge that the specific pit bull involved is dangerous. Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous.
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Toledo v. Tellings (2007)
Supreme Court of Ohio

The trial court cited the substantial evidence supporting its conclusion that pit bulls, compared to other breeds, cause a disproportionate amount of danger to people.

The chief dog warden of Lucas County testified that:
(1) when pit bulls attack, they are more likely to inflict severe damage to their victim than other breeds of dogs;
(2) pit bulls have killed more Ohioans than any other breed of dog;
(3) Toledo police officers fire their weapons in the line of duty at pit bulls more often than they fire weapons at people and all other breeds of dogs combined;
(4) pit bulls are frequently shot during drug raids because pit bulls are encountered more frequently in drug raids than any other dog breed.

The trial court also found that pit bulls are "found largely in urban settings where there are crowded living conditions and a large number of children present," which increases the risk of injury caused by pit bulls.

The evidence presented in the trial court supports the conclusion that pit bulls pose a serious danger to the safety to citizens. The state and the city have a legitimate interest in protecting the citizens from the degree of danger posed by this breed of domestic dog.
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McNeely v. U.S. (2005)
District of Columbia Court of Appeals

The temperament of pit bulls, particularly their volatile capacity for hostility and violent behavior, is sufficiently well-known that these dogs are "proper subject[s] of regulatory measures adopted in the exercise of a state's 'police power...'" McIntosh v. Washington, 395 A.2d 744, 756 (D.C.1978)
The Florida Bar v. Pape (2005)
Supreme Court of Florida

The referee found that the qualities of a pit bull as depicted by the logo are loyalty, persistence, tenacity, and aggressiveness.
We consider this as a charitable set of associations that ignores the darker side of the qualities often also associated with pit bulls: malevolence, viciousness, and unpredictability. Further, although some may associate pit bulls with loyalty to their owners...

Even the perception of loyalty may be unwarranted. In June, a twelve-year old boy was mauled to death in San Francisco by his family's two pit bulls ... That same month a Bay Area woman suffered severe injuries in an attack by her nine-year old pit bull ...

A St. Louis man was killed in May by his two pit bulls that had "no apparent history of aggression and [were] described as well kept."
Pit bulls have a reputation for vicious behavior that is borne of experience.