A bill meant to ease liability for pit bull dog owners and landlords was criticized by victims’ families, dog advocates, attorneys and legislators Wednesday at a House Judiciary Committee hearing.
The committee heard testimony on legislation that would override a decision by the state’s highest court that imposed “strict liability standards” on owners of “pure bred pit bulls” and landlords who rent to these dog owners.
Sponsored by Delegate Luiz Simmons, D-Montgomery, the legislation mandates that evidence of a dog causing injury creates a “rebuttable presumption” that the owner knew or should have known that the dog had dangerous tendencies. While it reinstates common law that has been popularly referred to as the “one-bite” rule, Simmons rejected this characterization.
“Maryland has never been a one free dog bite state,” Simmons said. “You don’t need to prove a prior bite.”
Delegate Michael McDermott, R-Worcester, and others, said the burden of proof would fall to victims, as dog owners would always claim ignorance of the dog’s dangerous tendencies.
“The victims will not have any justice,” said attorney Kevin Dunne, who represented Dominic Solesky, a 10-year-old who was brutally mauled by a pit bull.
Dominic’s father Anthony Solesky agreed.
“The proposed bill fails miserably,” Solesky said. “The mere testimony of a dog owner that their beloved (dog) was a good, non-aggressive creature forces victims to relive the nightmare just like I have been living (by forcing defendants) to prove the vicious tendencies or aggressive tendencies of the attacking dog.”
Simmons argued that such cases would go to a jury, and the burden of proof would “shift to the defendant” to prove that he or she did not have knowledge of a dog’s vicious propensities, but others called for strict liability and rejected this assertion as incorrect.
For the advocates from B-More Dog and Bella’s Bully Buddies who rallied on Lawyer’s Mall to support the legislation, the court’s decision in the 2012 Solesky case that declared pit bulls “inherently dangerous” was more than false.
“It’s discrimination,” said Mindy Fitzgerald, a 29-year-old B-More Dog board member. “There is no such breed as a pit bull. It’s more of a grouping of several breeds of dogs.”
Angela Hartman, 46, said that the discrimination against breeds is also about discriminating against people.
“You end up being discriminated against when it comes to moving into a home or neighborhood or an apartment, or even walking your dog in a certain area,” Hartman said.
By KAYLA FARIA
Joe Diamond says
This is a cure for which no known disease exists.
I thought they were nuts when the original court finding to designate pit bulls as the devil dog. I expected a case where somebody was bitten and sued only to discover a defense that the dog was not enough of a pure breed to be covered by the law; less than half breed devil dog. Or some expert would insist pit bulls are not really a breed…….only an animal behavior mode that is taught.
Now we get a law for relief.
Funny, funny funny,
Joe
Robert Sweetman says
Not Funny! Soon, very soon, you’ll be walking down the street with your pooch in tow on a leash, and a passerby will say your furry lovable little companion gave them a menacing evil glance…And you will be in court attempting to keep possession of your mascot as you strive to define the intent of that ‘So-called” glance your dog gave that innocent passerby that fateful day…
Joe Diamond says
Robert,
You could have something there. This deal about the pit bulls presumes all of this breed (or dogs that look mean) will go for the throat. Kinda like assault weapons that will load and aim themselves; both are pretty damn dangerous.
In my case, and not with pit bulls, my mutts decided to go hunting while still under my control. The mutts are no longer with us. Owners need to take control. Dogs have a fear-o-meter and when they hear “please!” they take off on their own. Dogs and their owners are different.
We live in a time where we are so damn incapable of figuring stuff out that we need smart legislators to direct us. Next thing will be regulations where to cross the street.
Joe
Regan King says
Wow, could you have picked a more menacing picture of a pit bull?
RK
Karen Levin says
A pit bull killed my grandmother. I can say nothing else.
Joe Diamond says
How did the owner of the pit bull end up?
I took a lesson from an animal control agent that as dogs get older they discover how easy it is to attack humans. Some dogs never go this route. Others progress quickly. The last two dogs we had here progressed to a stage where I could no longer depend upon them to be safe around strangers or the pets of others and I used the services of the Kent Humane Society.
Pit bull killed your grandmother…then what?
Joe
Katie Siter says
I am a proud “pit-bull” parent. These dogs have always been on the radar for the bad things they do. Let’s look at the other end of the leash and see what/who makes them vicious,mean or evil. Taking responsibility as a pet owner is the same thing as being a responsible parent. What you do and how you teach your dogs/kids ultimately will decide what they will become in the end. My pit, and other 3 dogs are loyal, smart, fun, loving, and obedient.
I have physically been to the murderous Michal Vick’s property in VA, and have seen first hand the evidence from the case surrounding his dog fighting ring. I also have has the pleasure to meet his vicious “killing machines”. The only thing that they did was lick me to death. Many of his top fighting dogs now live in great homes where they were transformed, they hold CGC certificates and also many of them are therapy dogs. I think that the laws surrounding this event have gone too far. I as a pet parent take FULL responsibility for ALL of my animals. I think that when you choose to get a dog, or any other animal you automatically accept that responsibility (just as a parent would for their child).
This does tie into the issue of gun control. The laws are being narrowed for those who follow the laws, but what about the ones who disregard the laws period? Guns are in hands of people that do not get them legally, and many crimes are committed by unregistered guns. Dogs (whatever breed) who only know what they are taught put in a situation where the owners have ulterior motives or are just ignorant to the raising of a dog and the dog gets blamed, just as the gun gets blamed instead of the person handling it.
There will always be a finger pointed, but remember the others pointing back is where the examination needs to begin. Take responsibility people. Upon having a dog or a child make sure you can teach them correctly, raise them with morals, and be responsible for their actions if they are wrong.
In the 70’s people blamed the Doberman’s
In the 80’s people blamed the German Shepherd’s
In the 90’s people blamed the Rottweiler’s
and ever since it has been the Pitbull, let us stop the blame game.
A dog knows what you teach them, and yes you can teach an old dog new tricks.