Did anyone see Montel today where the Soldier in Iraq has his 3 year old killed by a Pit Bull? Of course he was sent home early - to bury his son. The sad thing is that becuase there is no leash law in the state/county where this happened, the parents of the dead child could not press charges and hold the owner of the dog accountable.
I'm not posting this as a mark against Pitts because we all know this could have happened by most any breed of dog - this story just happens to involve a Pitt. My point is the absence of leash laws and how they can affect us.
This is why I feel strict legislation should be passed concerning all pet owners. I feel that every pet owner should be required to have a license/permit and that vaccinations records should be sent in to the state to make sure you are up to date or else your fined. If you are found to have a pet that is not licensed/permitted then you are fined. Breeders (and possibly all owners too) should be required to take an educational course before breeding pets. Those fees (minus administrative costs) should go into a fund to assist people such as those above who are hit with undue financial responsibilities such as having to bury their child and/or hospital bills due to someone else's pet. I also feel that owners of pets who physically hurt or kill someone should be prosecuted to the fullest extent of the law if proven they were negligent at letting their dog roam free, not obiding by leash laws, or otherwise at fault for the situation.
Sound like a hassle? Sure, but tell that to the parents who just buried their child. It could be any of us. It is so sad when we live in a justice system that allows you to prosecute someone if their dog digs in your yard, gets into your trash or attacks one of your other animals......but you can't touch that person if their pet kills your own child.
Some states already have legislation regarding leash laws, but obviously, as noted above, not all do. I feel so sorry for this family. They'll never see their sons first day of school, birthday parties, proms or graduations. They'll never meet his girlfriends or have grandchildren by him.
I find myself very passionate about this story because this childs father had left his family to go and fight for our country......for our freedom........our freedom to have animals.......he put his life at risk for us......and as a country we can't even pass laws that could help protect his family while he is gone. How could this happen? This man never got the last several months of his sons life......because he was fighting in Iraq........and now, he'll never get to see any of his sons life because of an irresponsible dog owner.
I agree that, except for designated areas, leash laws should be enforced and all communities should have mandated leash laws for public areas. As you said any dog has the capability of biting so I don't think BSL are what the politicians should be looking to enact & enforce.
I also agree wholeheartedly with "I also feel that owners of pets who physically hurt or kill someone should be prosecuted to the fullest extent of the law if proven they were negligent at letting their dog roam free, not obiding by leash laws, or otherwise at fault for the situation."
I am flabbergasted that that family has no legal recourse - I would think there would be at least some type of civil action that could be taken to at least pay for all expenses and if the owners were negligent in someway for further damages - not that any of this will lessen the parents grief but possibly it will open the eyes of other pet owners who may not be acting as responsibly as they should be.
Depending on where the family lives, they may also be able to sue under strict liability. Under strict liability, negligence is irrelevant. The theory is that if a person or company is keeping something that is inherently dangerous (like toxic waste), the person or company is automatically financially responsible if the dangerous thing causes damages, even if nobody is negligent. Strict liability cases are much easier to win than negligence cases because the plaintiff doesn't have to prove wrongdoing. In some areas, certain breeds of dogs fall under strict liability. I don't think certain breeds of dogs should fall under strict liability, but that's another topic.
Of course, winning a lawsuit won't compare to having the child alive, but the family that lost the child shouldn't have to pay the bills that resulted from this tragedy.
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"Thought is an invisible and subtle power that mocks all the efforts of tyranny." Alexis de Tocqueville
I saw that today. you are right protodog, winning any amount of money would never make up for the loss of a child. If something like that happened to my daughter I would probably have to be admitted into the State Hospital.
"Thought is an invisible and subtle power that mocks all the efforts of tyranny." Alexis de Tocqueville
