Accident Attorney

Launi ~Wild Angels are Watching~ asked:


This is a follow up to the question I posted a few weeks back (which got deleted) about the child who was killed by a Rottweiler in Pasco County Florida.

According to the local law enforcement agency in this area of Florida the dog was only a year old, not neutered, had been owned for 2 months, was kept chained outside with it’s food bowl out of reach.

We have gun control laws, inacted in 1989 in Florida requiring gun owners to store firearms in a locked box or a container with a trigger lock if they had reasonable knowledge that a child younger than 15 could get access to the weapons. Adults can be held criminally negligent if the child gains access to the weapon and injures himself or another.

Now, the same thing is being proposed for dog owners who’s animal behavior results in injury or death of a human.

Quoting a law professor’s answer to the question: Could a similar law (referring to gun control) be applied to dog ownership?

Lynn Epstein (law professor) answers: “The potential for a dog to cause harm is often greatest risk due to conditions created by the owner”.

She also had written an article in 2006 titled “There are no bad dogs, only bad owners”.

Dog bite risks: Conditions that can increase the likelihood of dog aggression and can lead to attacks:

1) A dog kept on a chain or tether
2) Male dogs are unneutered
3) Inhumane treatment, including poor nutrition, health or isolating living conditions that prevent a dog from being socialized.
4) Sudden or actions toward or near the dog that provoke fear in the dog.
5) Introduction of new people, children or animals into the dog’s territory.

Mike Halkitis, assistant state attorney, contends you have to show that the owners had knowledge of the viciousness of the animal in order to prosecute the owners.

Kenneth Phillips, a California attorney says and I quote: “It is the behavior of people that causes dog bites and dog maulings and what I call canine homicides”.

These incidents have been called ‘horrible tragedies” and very few dog owners have been held accountable for their dog’s actions.

So, my question is should there be ‘dog control’ laws enacted? Prosecution of the owners and prison time?

Your thoughts, please.