The most trusted and extensive resource for dog bite victims, dog owners, parents, journalists and others needing to learn about the legal rights of victims, and other aspects of the dog bite epidemic. |
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Meet your host:
Mr. Phillips welcomes E-mail from visitors to this website, especially dog bite victims and their families. He responds personally and answers questions for free. Click here to write to him and receive his personal reply within hours (his E-mail address is kphillips@dogbitelaw.com). Reporters seeking interviews or information are welcome to click here. Mr. Phillips is widely recognized as the nation's leading authority on dog bite law. A frequent guest on CNN, NBC, CBS, ABC, MS-NBC, Fox News Channel, and Court TV, he has been called "the dog bite king" (Today Show and Lawyers Weekly), "a leading expert in dog bite law" (Good Housekeeping), and "the nation's best known practitioner of terrier torts" (Los Angeles Times). Find out more about him at Meet Kenneth Phillips. For announcements about his own cases and the work flow at his law office, go to Kenneth Phillips on Twitter. Overview of Dog Bite Law :American dog bite law consists of civil and criminal law, found in state statutes, county and city ordinances, and court decisions. The laws vary widely among jurisdictions. The key issue in a dog bite case is the extent to which the jurisdiction follows the old English "one bite rule." This ancient law shields a dog owner or harborer from liability, civilly and criminally, until he has a certain degree of knowledge that his dog is dangerous or vicious. When he has this knowledge, however, the one-bite rule rule makes the owner strictly liable for bite injuries. In civil law which deals with compensation to injured people, roughly two-thirds of the states have statutes which either eliminate or modify the one-bite rule, making dog owners liable for all dog bites provided that the victim neither trespassed nor provoked the dog. In some states, the dog bite statute makes liability automatic, while in others, there are conditions or limitations. Injuries caused by negligent handling or confinement of a dog, or by violating a leash law, also make a dog owner liable in almost all states. To learn more about the civil laws, start at Legal Rights of Dog Bite Victims in the USA and from there click on the link to your state. For criminal laws, go to Dangerous and Vicious Dogs. For model laws that create a fair balance between the rights of the community and dog owners, see Model Dog Bite Laws. To help decide what to do after a dog bite, read Does an Adult Need a Lawyer for a Dog Bite Claim? or Should Parents Get a Lawyer for Their Injured Child? To learn the statistics and how to prevent dog bites, go to the list of topics in For Journalists, Lawmakers and Academics.
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In the news:Persons killed by dogs in June 2009: Two Americans died from dog bite injuries this month. On June 15, 2009, two pit bulls killed Justin Clinton, 10, a resident of Texas. The dogs and the boy were on public property. Justin is the USA's 16th canine-inflicted human fatality in 2009. Texas is the nation's leader in fatal dog attacks. It is a one-bite state. On June 27, 2009, two pit bulls and a collie mix killed Gabrial Reese Mandress, 3, of Marion, Illinois. The dogs belonged to his parents, and he was killed in his own back yard. Illinois is a strict liability state. Read The Dog Bite Law Blog for information and commentary on recent death cases, plus updates on dog owner prosecutions and other legal news pertaining to dog ownership. The death count: The USA has sustained 17 fatal dog attacks in 2009. There were 23 in 2008, and 33 in 2007. For details (including a month-by-month breakdown of canine homicides since July 2006) see Dangerous and Vicious Dogs. For Attorney Kenneth Phillips' commentaries about "canine homicides" and related issues, go to The Dog Bite Law Blog.
By contrast, the same period saw only 27 fatal attacks in the other 29 states, which are the ones that have rejected the one bite rule in whole or in significant part. In other words, the states that do not impose strict liability have more fatal dog attacks. That statistic supports the view that the one bite rule needs to be abolished in the USA. This old English law demands little or no vigilance on the part of dog owners. A single dog owner can own one biting dog after another, without fear of civil liability, because every dog gets that one free bite, mauling or killing. To learn more about the deadly one bite rule, click here. Twenty-nine American states have rejected the one bite rule in whole or part because its primary effect in modern times is to prevent dog bite victims from making insurance claims for anything more than medical expenses. Dog bites are covered by liability insurance, such as homeowners, renters and some umbrella insurance policies, but the victim still must prove that his claim rests on legal grounds. The one bite rule makes this difficult or impossible in many cases, and therefore benefits insurance companies at the expense of the injured, who are mostly children. There should be no right to bite. The one bite rule should be rejected in every state and country. Children in one bite states like Texas, North Carolina and Maryland are entitled to the same rights as kids in strict liability states. Famous dog bite cases: The Diane Whipple case (People v. Knoller). The Lilian Stiles case (Texas v. Jose Hernandez). For more news and opinion: Read The Dog Bite Law Blog, the "editorial section" of Dog Bite Law. Hard-hitting and opinionated, it covers the daily news about dogs (from killings of humans, to cruelty, to new and sometimes terrible laws for dog owners), and presents Attorney Kenneth Phillips' brutally incisive opinions about laws, mistakes and moral issues involving dogs. Tip of the month:If you are bitten by a dog, learn about liability here or by talking to a knowledgable lawyer. Do not ask police or animal control officers about civil liability. Their answer most often will be based on criminal and administrative law, not civil liability law. In other words, their answer will not be about liability to pay compensation to the victim, but only about whether the dog owner or dog will face administrative consequences such as a fine, confinement of the dog, or euthanasia (which are only some of the alternatives). |
www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2009 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here. |