Boy Killed By Pit Bull Mauling

Beth Janicek

Attorney
(866) 735-1102 Ext 395

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On August 31, 2007, a 6-year-old boy was mauled to death by his family's pit bull. The mother was outside of the house and the dog and child were inside.

This dog attack came a day before the new Texas law, Lillian's Law, went in to effect. The law will allow felony charges to be filed against the owner of a dog that kills or seriously injures someone. The law has a punishment of prison sentences for owners found to be negligent or who have dogs known to be dangerous.

Lillian's Law was enacted this year and went into effect on September 1, 2007.

The owner of a dangerous dog may face felony charges in one of two ways:

• A dog's unprovoked attack away from its owner's property kills someone, permanently disfigures a person or destroys or impairs a body part or organ. A previous attack by the dog isn't required, but prosecutors must prove the owner was criminally negligent in failing to secure the animal - not heeding a "substantial and unjustifiable risk."

• The owner knows the dog has previously injured someone or been deemed dangerous by authorities, and the dog makes an unprovoked attack outside its enclosure causing death or injury requiring hospitalization.

In either situation, the offense is a third-degree felony with punishment of two to 10 years in prison. In the case of a death, the charge is a second-degree felony, punishable by two to 20 years in prison.