Pit bulls are inherently dangerous, Maryland’s highest court says
Maryland Court of Appeals judges must be inherently stupid.
Well, maybe some of them aren’t, but for the sake of ease, and without regard to fact, let’s just lump them all together and proclaim them stupid.
That’s what they did, with pit bulls.
A troubling 4-3 decision by the state’s highest court last week deemed pit bulls and pit bull mixes inherently dangerous — a ruling that, on top of being ill-informed, could lead to trouble for pit bull owners everywhere.
One judge who went against the majority, Clayton Greene Jr., noted that how harmless a pit bull might be is no longer relevant when it comes to determining liability — a troublesome precedent, in his view.
“Now, it appears, the issue of whether a dog is harmless, or the owner or landlord has any reason to know that the dog is dangerous, is irrelevant to the standard of strict liability,” Judge Greene wrote.
The majority decision singles out pit bulls and declares them all dangerous. It implies that owners of them, and the landlords who rent to those owners, should ignorantly assume, as the judges did, that they are lethal and unpredictable beasts. And it makes suing their owners much easier.
Under previous case law, a victim intending to file a lawsuit after a dog attack had to prove that a dog’s owner, or landlord, knew it had a history of being dangerous. Now, under this new precedent, they can merely show that the owner knew their dog was all or part pit bull. That would be sufficient basis for a claim.
In other words, it’s no longer necessary to prove that a particular pit bull is dangerous, only that it’s a pit bull, or part of it is.
The ruling last Thursday came in the case of a 2007 attack on a child in Towson. According to the Baltimore Sun, 10-year-old Dominic Solesky was attacked by a neighbor’s pit bill and his family sued the dog owner’s landlord, Dorothy M. Tracey.
The Circuit Court judge threw out the claim, ruling there was no evidence that Tracey had been negligent. The Court of Special Appeals overturned the judge’s decision, and the Court of Appeals affirmed that ruling Thursday. The case will now head back to trial.
At a time when many jurisdictions are becoming more enlightened about pit bulls, the Maryland Court of Appeals decision assures that, in at least one area, they will be treated differently from all other dogs.
Those speaking out against the ruling included Pauline Houliaras, president of B-More Dog, which formed in 2007 to fight anti-pit bull legislation in Baltimore County.
“This will not make a community safer,” said Houliaras, who is also a certified professional dog trainer and behavior consultant. She said breed has little to do with a dog’s potential for violence.
Houliaras said she fears the ruling could lead shelters to reevaluate their adoption policies, cause more owners to relinquish their pets, and result in even higher euthanization rates of pit bulls and pit bull mixes.
Often, she said, dogs are identified as pit bulls based entirely on appearances, which can be deceiving. The ruling, she said, could also lead to discrimination against pit bull owners, and make renting more difficult.
Kevin A. Dunne, attorney for the Solesky family, said Friday that the high court’s decision in no way bans pit bulls; it only makes the owner or landlord of the dog financially responsible for the injuries caused.
Real and painful as the 10-year-old’s injuries were, we think the court ruling is an unjust one. Punish the owners of that dog, not the owners of every dog that might have a resemblance to him. Fear mongering and stereotyping, based on ignorance, has never taken societies to very nice places. Judges of the state’s highest court, you’d think, would know that.
Posted by jwoestendiek April 30th, 2012 under Muttsblog.
Tags: animals, appeal court, attack, breed, court of appeals, dangerous, discrimination, dog, dogs, dominic solesky, judges, laws, lawsuits, liability, maryland, mixed, mixes, pets, pit bull, pit bulls, pitbull, pitbulls, ruling, specific, towson
Comments
Comment from sarah
Time May 1, 2012 at 8:43 pm
@cygnet…not all owners are irresponsible, nor are all pitbulls aggressive. While I agree you shld be responsible for your dog. That responsibilty shld be across the board for all anmals. I am a responsible owner. My dog is always leashed when we are out. This is more than I can say for my neighbors cocker,my other neighbors chihuahua and another neighbors mixed dog roam leash free. My pit happens to be Purple Ribbon bred and registered with the U.K.C. . I am a firm believer in responsibilty. Pitbulls were not bred to bite people. It is the owners responsibilty to take care of the dog. Not the other way around. It is the owner that should be held responsible,not the landlord and not the dog. I am a lover of this breed but must agree that if the dog is human aggressive or unprovoked bites a person shld be put down. This is not something a responsible breeder or owner wants in their dog. On the same token..know where your kids are. Ban the deed, not the breed!
Comment from Cygnet
Time May 2, 2012 at 7:38 am
Sarah,
I never said all pit bull owners are irresponsible and certainly never said that all pit bulls are aggressive. They aren’t. MOST pit bulls have the temperament flaw of dog aggression (a fact explicitly noted in the UKC APBT standard) and plenty of pit bulls have also been bred to be dangerous to people. Telling people to always leash their dogs is dandy, but the reality is that pretty much every dog owner, no matter how “responsible,” has had a dog get loose. If that dog is a dog aggressive pit bull, and a neighbor child is out walking her cocker spaniel, there can be a tragedy in seconds.
And, sorry, but it is too late for pit pushers to spout slogans like “ban the deed, not the breed” and think that they are accomplishing somthing, at least in Maryland. What was needed to prevent an effective pit bull ban in Maryland (it will become impossible or virtually impossible to rent with a pit bull, and probably impossible to get homeowners’s insurance with one as a result of Tracey v. Solesky) was for the so-called “responsible” pit bull community to launch an all out effort to actually address the pit bull crisis, not to just spout slogans and whine (“But PETEY was a pit bull….” “Ban the deed, not the breed.”) Since nobody can change the behavior of pit bull breeders (almost all of whom are grossly, grossly irresponsible) by spouting slogans and whining, what is needed in legislation mandating spay/neuter of all pit bulls and pit bull mixes except, possibly, AKC and UKC-PR registered show dogs. If pit bull people are too wimpy to support this in other states (and I suspect they are, because spouting slogans and whining is so much easier) then other states will likely follow Maryland’s lead and pit bulls will become history.
Sadly, the way it is happening in Maryland will result in lots of dead pit bulls, because many people who can’t remain in rental housing after their current lease is up will be unwilling or unable to move to a different state. But maybe if pit pushers in other states get the message and actually act to ADDRESS the pit bull problem (rather than pretend it doesn’t exist), the end result of Tracey v. Solesky will be good for pit bulls.
Comment from michelle
Time May 3, 2012 at 10:43 am
PIT BULLS ARE NOT DANGEROUS ITS THE WAY THEY ARE TRAINED I HAVE 2 OF THEM AND THEY ARE THE BIGGEST BABAIES YES THERE ARE ASS HOLES THAT ARE VERY MEAN TO THEM AND IT MAKES THEM MEAN I HAVE ALL KIND OF KIDS THAT CAN SIT ON THEM AND PULL THERE TOUNG AND THEY DONT DO ANY THING HERE ARE SOME FACT AND FICTION THAT PEOPLE NEED TO LEARN BEFORE JUDGING
Pit Bulls have locking jaws- FICTION Pit Bulls have the same jaw structure as any other canine.
Pit Bulls are good with children- FACT Pit Bulls are one of the most stable breeds of dogs, they are extremely tolerant of children. They are known as the nanny dog.
Pit Bulls are easy to train-FACT Pit Bulls are intelligent dogs and eager to please, positive methods work best.
Pit Bulls are mean and vicious-FICTION Pit Bulls are no more vicious than Golden Retrievers, Border Collies, or Beagles. The American Temperament Test Society rated Labrador Retrievers at 92.3, a Standard Poodle at 86, an American Pit Bull Terrier at 86, a Golden Retriever at 84.6, a German Shepherd at 84.2, a Rottweiler at 83.4, a Cocker Spaniel at 81.9, a Border Collie at 81.1, a Beagle at 80.3, and a Doberman at 77.6.
Pit Bulls will “snap” and “turn”on people-FICTION Pit Bulls are exceptional with people, more trustworthy than other breeds, they are very stable. Human aggression was actually bred out of the breed. No breed just snaps and turns on people.
Pit Bulls do not feel pain-FICTION Pit Bulls have the same nervous system as any other breed , yes they do feel pain.
Red Nose/Blue Nose Pit Bulls are more aggressive-FICTION nose color makes no difference, red, black, or blue.
Pit Bulls are always dog aggressive-FICTION Although in general Pit Bulls were developed for the purpose of fighting other dogs, with proper socialization, obedience training, handling, management Pit Bulls can learn to live peacefully in the company of other dogs. As in all breeds you will have some dogs that will never get along with other dogs yet they will still be an excellent pet in every other way.
Pit Bulls have more bite pressure per square inch than any other breed-FICTION Tests show a domestic dog averages 320 pounds of pressure per square inch. Pit Bulls scored lower then a German Shepherd, and a Rottweiler. Although much controversy exists how bite pressure can actually be tested.`
Pit Bull brains swell-FICTION Just as breeds before the Pit Bull such as Doberman, Rottweiler and German Shepherd, monster myths go around about fad breeds and unfortunately generate damaging hysteria. No breed of dog has a brain that swells.
Pit Bulls should not be adopted from a shelter-FICTION Reputable shelters and rescues will temperament test all dogs and will not adopt out any dog that shows aggression. Most Pit Bull adoptions are successful
Pit Bulls are a bad breed-FICTION First of all most dogs called Pit Bulls are really not Pit Bulls at all, there are several breeds and mixes that people classify as Pit Bulls when they are not (the generic Pit Bull dog). Secondly there is no such thing as a bad breed. As in all dog breeds, it depends on genetics, upbringing, environment and management. Each dog is different and unique. More often then not they are victims of irresponsible and abusive ownership. Only humans are capable of knowing the difference between right and wrong and all dogs are bred, raised, and trained to behave the way they do.
Pit Bulls that show aggression toward other animals will go after people next-FICTION Animal aggression and human aggression are two totally different things.
Pit Bulls all want to chase cats-FICTION Dogs of every breed will go after cats and a Pit Bull is no exception, some Pit Bulls have a strong prey drive, however as with all breeds some Pit Bulls can co-exist quite peacefully with cats and then there are some who can never be trusted with smaller animals.
Pit Bulls were the number one family dog during the first part of the twentieth century-FACT
Pit Bull owners are best to avoid dog parks with their dog-FACT for several reasons one being if you have your dog on a leash and in control it does not mean a strange dog won’t run up and attack and more likely then not the Pit Bull will be blamed.
Pit Bulls are the leading dogs to be abused and stolen-FACT
Media hysteria and bad owners have greatly damaged this breed and every incident involving a Pit Bull makes it worse for the entire breed and their owners.
In closing I will say a large part of a dog’s success in life depends on the genetics he inherits how well he is raised and managed.
APBT= American Pit Bull Terrier have a life span of 10-14 years, fantastic temperament, they are a solid medium size dog with an average weight between 30-60 pounds, they come in a variety of colors(red, white, blue, black, chocolate, tan, brindle), their coat is short and easy to groom, energy level is high with both physical exercise and mental stimulation needed, they are easy to train, some health concerns are hip dysplasia, allergies, and hereditary cataracts. If I had to describe my Pit Bull I would say: affectionate, adorable, bold, blessed, buddy, bull headed, confident, cuddly, comical, cool, courageous, dependable, delightful, entertaining, energetic, eager, friend, fast, faithful, funny, forgiving, graceful, good natured, gentle, healthy, hopeful, humorous, helpful, inspirational, incredible, jolly, joyful, kind, kissable, loveable, motivated, nice, neat, obstinate, original, pushy, powerful, practical, patient, quiet, resilient, reliable, respectful, strong, spunky, sweet, smart, social, stubborn, trustworthy, tolerant, true, understanding, uplifting, upbeat, valuable, versatile, willful, wise, wonderful, workable, xtra special, youthful, and zealous.
I am the proud and responsible owner of a rescued Pit Bull.
STOP THE JUDGING IM SO SICK OF PEOPLE COMING DOWN ON PITS WHEN ANY DOG COULD DO JUST AS BAD IN MARYLAND IF THEY WANT TO STOP PITS MAKE PEOPLE GET THEM FIXED AND THERE WONT BE ANYMORE BEING BORN BUT DONT TAKE PEOPLES FUR KIDS AWAY !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Comment from michelle
Time May 3, 2012 at 10:49 am
OH HOW IDIOTS PISS ME OFF
Comment from michelle
Time May 3, 2012 at 1:09 pm
ARE THEY GOING TO BAND MURDERS AND RAIPEST FROM MD PEOPLE REALLY NEED TO STOP BEING IDIOTS
Comment from JT
Time May 3, 2012 at 2:23 pm
Well said, Michelle! This is such a stupid, knee-jerk reaction from the courts! ALL dogs can bite, ALL dogs can be made vicious! BLAME AND PUNISH THE OWNERS!!
Comment from Alyssa
Time May 3, 2012 at 3:08 pm
This is simply disgusting… These are the very same people that will put a murderer or a child rapist back on the street. I don’t think I understand how they get dressed in the morning if they are this stupid? Personally, here is what I suggest, Maryland is an inherently dangerous state because they have Baltimore City and other places, so let’s just BAN MARYLAND altogether.
Comment from Samantha
Time May 3, 2012 at 4:36 pm
Michelle you are SOOOO RIGHT. This is just disgusting I can’t stand all this pitbull hating I have 4 and they are seriously the BEST dogs ever . Thy are good with all my friends kids and other dogs … This bs has my blood boiling … And alyssa what you said about murderers and rapists do true! Redic
Comment from michelle
Time May 3, 2012 at 7:08 pm
thank you all i look at my pits and think how can anyone do this be so mean and stupid i love my pits or any animal at that pass along the fact and fiction post i put up so it gets to the idiots just copy and paste
Comment from Sheila
Time May 21, 2012 at 6:54 am
I do not personally own a pit bull but I am the owner of 2 very large Labrador Retrievers! And my husband & I have been discussing adopting a pit bull to add to our family! These poor dogs cannot be blamed for something that they were “Taught by Humans” to do! Too many times, u see these beautiful dogs being beaten or taught to be super aggressive. I actually met someone that fed their own pit bull raw red meat! They told me that it would make them “like” the taste of blood! Do u think that same person was SURPRISED when that same dog ended up being euthanized by its owner Because the dog bit their son’s hand?! Dah! What did they really think was going to happen! I would never feed my Labradors raw red meat! I definitely wouldn’t eat that, so why would I feed it to my dogs? Think people! Use the brains that God gave us! Treat Pitt Bulls the same way God wants us to treat any other dog! Love them &protect them! They will give u that same love & respect in return! I do NOT BELIEVE THAT THIS IS A BREED ISSUE! IT’S A PEOPLE ISSUE! DOES ANYONE REMEMBER THE MURDER RATE IN BALTIMORE? HELLO PEOPLE! USE YOUR BRAINS!
Comment from Muse
Time October 25, 2012 at 11:13 am
The fact that people are so engrossed in a breed of dog that mauls people is a clear indication of the lack of common sense these days. Of all the breeds of dogs there are available to people someone decides to get a pit bull. Just as long as owners carry alot of insurance so I can sue the pants off of them their cute little pitty decides he doesn’t like me or someone I love…
Comment from Nateo
Time November 2, 2012 at 5:55 pm
Speaking of lacking common sense, you’re not using any yourself. And as a pit mix adopter I take offense. I could spend $2K going to a breeder to get a dog (teeth usu included which means that it could bite GASP) OR I could spend $65 and adopt a pit who was unloved and mistreated by people and teach him that not all of us are idiots. People are not campaigning this breed for the sheer thrill of being trouble. We’re trying to do some damage control. There’s a huge problem with the human race thinking it can manipulate and control everything without the added responsibility and education it warrants. We’re fighting over whether or not pitbulls and mixes are “inherently dangerous” when man is the only guaranteed dangerous element in the equation every time. If we hadn’t had the sick fascination with hurting other people and animals in the first place, this problem would not be. You can not create a weapon and then blame IT when someone gets hurt. It’s ludicrous that an owner would try to avoid responsibility for damages if their pet is at fault. Just as ludicrous as thinking one breed is just born evil. You have police paying $1,000s to train GSDs and Malinois to be inherently dangerous. I have never walked by a pit and been afraid, NEVER. I can’t tell you how many times I’ve walked slightly NEAR a K9 car and been greeted with the sounds of an animal so filled with rage it would rip out my throat if it could only reach me. That same potential lurks in all dogs like it lurks in us. It is our own personal nature combined with the nurturing we receive that determines our temperament. Isn’t it obvious that every case must be analyzed individually and use common sense to solve? Perhaps a little behavior training and education would go a long way. So a cop could tell the difference between Cujo aggression and Fido protection. If someone approached me in an angry manner and I was afraid, of course my pit will respond at least with wary interest. Dogs are being shot more often now for DOING THEIR JOBS than ever before, but they’re the dangerous ones? I guess it’s all a moot point anyhow. In this world I would expect nothing more. Police will break into your house and shoot your dog for wagging his tail aggressively at the intrusion. Murderers can protest that lethal injection into their drug needle scared arms is more inhumane than the brutal ways they have relished killing. You can kill your own child and foster some more. Aren’t we at the top of the food chain because we’re so sophisticated and intelligent, so capable??? Then why are we holding our dogs to higher standards than we ourselves uphold? HOW is a dog supposed to know not to hurt innocents when humans have far from mastered that simple concept ourselves in the how many yrs since life began??? C’mon give me a break!
Comment from mariah
Time December 4, 2012 at 4:24 pm
f*** this pitbulls are the best dog ever
Comment from Cygnet
Time May 1, 2012 at 6:33 am
So, the inherent dangerousness of pit bulls is now the law in the State of Maryland. While you may disagree (and call judges names), the reality is that the pit bull community caused this result by fighting the kind of laws that would have been necessary to deal with the pit bull crisis before it reached this point. Did YOU support and lobby for mandatory breed specific spay neuter of all pit bulls and pit bull mixes except AKC and UKC-PR registered show dogs when you knew that shelters across the state were glutted with unwanted and unadoptable pit bulls? If not, why not? Since it has long been okay with so-called “pit bull lovers” that pit bulls not only kill the occasional child or old person but that they die in truly horrific numbers because of grossly irresponsible pit bull breeding, it is hard to feel all that sorry for them when the stuff hits the fan.
I do feel bad for the dogs who will die because of this decision, however. In the long run, though, maybe this will be good for even pit bulls, because pit pushers can hardly continue to pretend that there is no problem when they are forced with choosing either their housing or their dog. Maybe they will finally support rational breed specific breeding restrictions on pit bulls.