My Service Dog, Jade

Saturday, April 28, 2012

Good News For Pit Bull Victims


Finally some GREAT news for victims of pit bull attacks!

For the first time, a state's highest court has ruled that a landlord can be held civily liable for damages caused by their tenant's pit bull, regardless of whether the pit bull had a known prior history of attacks or aggressive behaviors. With this landmark decision from the Maryland Court of Appeals, attorneys can now legitimately pursue similiar lawsuits against landlords in other states urging their states to adopt the reasoning in the Maryland decision.

Please pass this along to all civil attorneys, state's bar association's trial attorney sections, so they can pursue the same ruling in their courts! 

Also send to:
1) Anyone in the homeowner's/landlord insurance industry;
2) Animal Control Agencies
3) Government Officials
4) Medical professionals who treat victims - plastic suregeons, etc.
5) Local, regional & National media.

MARYLAND'S TOP STATE COURT ADOPTS STRICT LIABILITY IN RESPECT TO ATTACKS ON HUMANS BY PIT BULL DOGS AND CROSS-BRED PIT BULL DOGS.

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.

http://mdcourts.gov/opinions/coa/2012/53a11.pdf

This court decision is already starting to have a significant impact in the community. Soon, as hoped by victims everywhere, the trickle down effect will begin. Victims everywhere will be able to hire attorneys to take their cases to hold landlords, Home Owners Associations and the like, liable for these attacks. This is wonderful news for victims, who have been, in the past, forced to shut up and take their maulings, without any compensation for their medical bills.

mdcourts.gov



The most recent victim in Tucson, has now hired an attorney and is filing a civil suit. This 89 year old woman was viciously mauled by two pit bulls (that were chained together) while simply attempting to check her mail a little ways away from her house.  Hopefully, Miriam Seymour's diligence and determination will set a standard for victims in Tucson, and will alert the city council that it is time for change.  Thankfully, the owners of these beasts will finally be held accountable for allowing their vicious dogs to get out and cause serious harm to others.  Miriam Seymour is still recovering, and we wish a speedy recover for her, as she is in our thoughts and prayers.  

http://www.kgun9.com/news/local/149318705.html (see the latest update on Miriam Seymour's case here)


I applaud the Maryland court for finally stating the truth about these pit bull type dogs.  They are more dangerous and more vicious than other types of dogs, and it's about time that everyone involved in the housing and keeping of these vicious dogs, are held accountable when they attack. 






Now we need a case just like this one that also 

applies to dogs attacked by pit bulls, as this 

happens to dogs MUCH too often.

(See my page on Service Dog Dangers)


















6 comments:

  1. Ok Jewel..want your opinion. A person on https://www.facebook.com/banpitbullssavelives thought the dog in the 2 month old baby fatal attack was a Golden lab mix. Looks like a Pit mix to me. http://educatingpeopleaboutpitbulls.blogspot.com/2012/04/looks-like-pitbull-mix-to-me.html
    What's your thought?

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  2. Hi Cinnamon...I saw the picture of that dog that killed and dismembered the child. That dog is CLEARLY a pit mix. For whatever reason, the media didn't report it that way, although that dog is mixed with pit bull. It might also be mixed with Golden retriever, but I also see something else in it, maybe Aussie. All it takes is to look at the eyes and the shape of that dog's head. The eyes have the crazed pit bull stare, with Goldens just don't have. In fact, no other type of dog has it, except the pit bull, and that's because the pit bull is a killer. It's bred to kill, and the eyes tell the story. See the blog 17barks, on the right side of my blog....it has a great picture of a Golden....look at the eyes, and look at the eyes of the dog that killed the child. CLEARLY VERY different. The shape of the head also gives it away. Look at the shape of the Golden's head and that killer dog's head. See the difference?

    Could it be possible that the person who reported the story, or that particular news station has nutters behind it? Sure, maybe...and maybe that's why the dog got reported as a Golden mix, and not a pit mix. Who knows? But that dog is PIT BULL on the inside, and you can clearly see it on the outside. It doesn't matter what we say though, because pit nutters will NEVER admit it. Hell, they don't even admit it when it's reported as a pit bull....they all say, "That's not a pit bull, you can't identify a pit bull without DNA testing." BULLSHIT!!! All you have to do is look at it!

    Thanks for asking and letting me add my two cents. That dog is clearly a pit mix. And pit bulls are the dogs most notoriously known for mauling and killing, after all they were bred for it, and they do it best.
    Thanks for commenting, Cinnamon.

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    1. This comment has been removed by a blog administrator.

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    2. Look up a pit golden mix and tell me if that looks anything like the dog. Then look up a lab golden mix and guess what!!?!? IT LOOKS JUST LIKE THE DOG!!! WOW SURPRSING

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  3. Greetings from another Tucsonan. The results of this lawsuit are very good news indeed.

    Speaking of which, I've had success with what I like to call pit bull notification letters. I've sent them to a couple of property management companies. The purpose of these letters is to notify these companies of the presence of pit bulls at homes that they manage.

    In one case, the dog disappeared shortly after the property manager got the letter. And I know that the company received it because I sent it via certified mail/return receipt requested.

    So, the property management industry is starting to pay attention to the legal liability risk posed by pit bulls. It's up to us to keep the pressure on. For helpful hints on how to do this, see:

    http://www.dogsbite.org/dangerous-dogs.php

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    Replies
    1. Anonymous, thank you so much for visiting my blog and taking time to comment. I am so glad to hear that others out there are keeping the pressure on the property management companies! I love that! I love to find other people out there that care as much as I do about the problems we're having with these pit bull type dogs. It means a lot to me just to know you all are out there!

      I am a huge fan of dogs bite.org and know the founder. I often speak with her on the phone. Since you are also in Tucson, please check out my other blog.....
      www.walkforvictimsofpitbulls.blogspot.com.

      We will be having a walk for victims of pit bulls and other dangerous dogs. You can sign up for the google email list right there on the blog, and get updates and details as we get ready for the walk. Please join us. The more, the merrier!
      Thanks again for stopping by and taking time to comment.

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