Lillian’s Law on Dog Attacks

Beth Janicek
Attorney
(866) 735-1102 Ext 395
Posted by Beth JanicekJanuary 22, 2009 10:01 AM

After blogging on dog attacks, I realized the extent of this controversial topic. I found another sad article on Tanner Monk, a 7-year old mauled to death last May near his home in Breckenridge by four pit bulls owned by Crystal Watson and Jack Smith. Crystal and Jack lived out in the country and never thought twice about letting their dogs run loose. I am certain Tanner Monk’s family would have liked them to think twice about it.

Under Lillian's law, named after Lillian Stiles who was also killed by a pack of dogs, owners can face up to 20 years if their dogs get off their property and attack “unprovoked”. Crystal and Jack received a seven year sentence but they are free on an appeals bond. Most dog owners are not aware of Lillian’s law nor the extent of punishment.

Owners should be held accountable for their dogs, regardless of the breed. Due to the size and strength of pit bulls, whether their dogs have shown aggressive behavior, owners should be overly cautious. I did a previous blog that on the civil side, I believe Texas needs to pass litigation to hold owners strictly liable for any injury their dog inflicts.

4 Comments

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Try being constructive!
Posted by Try being constructive!
January 22, 2009 10:44 AM

[quote]Due to the size and strength of pit bulls, whether their dogs have shown aggressive behavior, owners should be overly cautious.[/quote]

Where is your evidence to support that statement?
The 3 Breeds commonly known as "Pit Bulls" and targeted by BSL are
1)Staffordshire Bull Terriers
2)American Staffordshire Terriers
3)APBT

There are MANY Breeds of dogs MUCH larger and MUCH stronger than these 3 Breeds.
Once again your bias shows.

From the National Canine Research Council
More ...

[quote]Do Pit Bulls Inflict Injuries Unlike Other Breeds of Dogs?

Descriptions of the type of fatal injuries dogs have inflicted on their few unfortunate victims is a graphic topic that NCRC has been hesitant to address. Fatal dog attacks are exceedingly rare occurrences; and in light of the fact that many people already harbor a highly disproportionate fear of being killed by a dog, there seemed no useful purpose in addressing the nature and type of injuries a victim sustained during such an attack, nor do we wish to compromise the privacy of victims or sensationalize their tragedies.

*****Unfortunately, selected groups and individuals are making claims about the severity and nature of Pit bull attacks versus the severity and nature of other (non-bully) breed attacks and exposing victims' identities and descriptions of victims' injuries to forward their personal theories and agenda. *****

*****Virtually all of the claims about the "unique damage that Pit bulls inflict" are made by individuals or special interest groups with no knowledge or experience in analyzing fatal dog bite injuries.*****

For this reason, the NCRC feels compelled to address these tactics and claims.

For nearly two decades the NCRC has investigated and analyzed fatal dog attack injuries. The NCRC has previously stated that it is impossible to determine the breed of dog by reviewing an autopsy report or photo, as no breed of dog has a particular method of attack or inflicts an exclusive type of injury.

Below is a list of 15 different victims of a dog attack along with the description of the fatal wounds as listed on the autopsy report. Each victim was attacked and killed by a single dog. Each victim was killed by a different breed of dog (for a total of 15 different breeds*). Only one victim was killed by a Pit bull (or any type of bully breed).

*
Victim 1: Multiple penetrating wounds to the abdomen
*
Victim 2: Collapsed lungs, multiple wounds to the chest, partial devourment
*
Victim 3: Massive head and neck injuries
*
Victim 4: Multiple bite wounds, dismemberment
*
Victim 5: Extensive scalp and neck injuries
*
Victim 6: Multiple lacerations of scalp and neck, depressed skull fracture
*
Victim 7: Exsanguination from multiple bite wounds
*
Victim 8: Skull fracture and severe bites to upper back and face
*
Victim 9: Multiple penetrating wounds to back and chest
*
Victim 10: Severe bite wounds to the head
*
Victim 11: Severe bites, massive bleeding, broken facial & neck bones
*
Victim 12: Massive head injuries
*
Victim 13: Severe, multiple penetrating injuries to head and neck
*
Victim 14: Massive bite injuries to lower extremities, dismemberment
*
Victim 15: Severe scalp, facial wounds, laceration of jugular

Fifteen different breeds inflicted the fatal wounds listed above. The breeds were:

*
Siberian husky
*
Coonhound
*
Dachshund
*
Chow chow
*
Pit bull
*
Sheepdog-type dog
*
Malamute
*
Labrador Retriever
*
Chesapeake Bay Retriever
*
St. Bernard
*
German Shepherd dog
*
Wolfdog
*
Golden Retriever
*
Mixed breed (no discernable breed visible)
*
Rottweiler

It is virtually impossible for anyone to match the breed of dog with the fatal injuries listed above - as such -

*****claims that one breed of dog inflicts injuries unlike other breeds have no merit.*****

(Fatal wounds / breed matches can be obtained upon request).

* Breeds were chosen for this sample only if the breed has been involved in more than one human fatality (i.e., Airedale Terrier, Pomeranian, Jack Russell Terrier, et.al, were not used as only one human fatality has been attributed to each of these breeds in the United States).
* In the decade between 1966-1975, less than 2% of all dogs involved in fatal attacks in the United States were of the breeds which today are targeted so frequently as the solution to canine aggression, (Pit Bull or Rottweiler). [/quote]

You persist with this nonsense in spite of the fact that there is NO scientific evidence to support your claims about "Pit Bulls"

There have been 5 Canine Fatalities so far this year but yet you cite a case about 'pit bulls'.
What Breeds were these 'pit bulls' as you call them?

You are doing incredible damage.
You are trying to make people believe that they should fear dogs and they should especially fear CERTAIN dogs.

Children face more risk from Parents/Caretakers than ANY dog of ANY Breed*.

I suggest you try being CONSTRUCTIVE rather than DESTRUCTIVE!

"Preventing Dog Bites in Children"
More ...

Nick Carroll
Posted by Nick Carroll
January 22, 2009 11:08 AM

@Try, "Owners should be held accountable for their dogs, regardless of the breed" seems like a pretty constructive statement.

Keep your bias to yourself!
Posted by Keep your bias to yourself!
January 22, 2009 11:26 AM

Yeah if she`d leave Breed out of the issue,it would be.

This is NOT constructive!
[quote]Due to the size and strength of pit bulls, whether their dogs have shown aggressive behavior, owners should be overly cautious.[/quote]

This group of Attorneys continue to set "Pit Bulls" and 'pit bulls' apart from other dogs.

I agree
Posted by I agree
January 22, 2009 1:10 PM

I agree with "Keep your bias to yourself"
You`re attempting to do exactly what Karen Delise describes in her book Pit Bull Placebo:Media,Myths and Politics of Canine Aggression


If you have ANY Scientific Peer reviewed Studies that show that 'Pit Bulls' are ANY different than other dogs of equal size or that they exhibit aggression any differently or any more frequently or whatever else you`re suggesting by stating that people need to "be overly cautious" let`s see them.
This is getting VERY tiresome.
Stating something does NOT make it factual.

You should have stopped with this
[quote]Owners should be held accountable for their dogs, regardless of the breed.[/quote]

ALL responsible people agree with that.

But you know ABSOLUTELY NOTHING about the Breeds* you are attempting to malign with your statement.

May I suggest that you read Pit Bull Placebo
More ...

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