Dangerous Dog

Summary:

This article will provide an overview of BSL ordinances by discussing 1) common breed definitions, 2) patterns in the regulations, and 3) common exceptions to the regulations. The article will also discuss the constitutionality of these ordinances, focusing on how they meet due process requirements.

Summary:

This detailed legal discussion focuses on the Canadian legal approaches to dog-related injuries. The traditional common law doctrines of scienter and negligence are discussed, and compared with the legislative approaches of Canada's provinces and territories as well as Canadian federal criminal law. The article also discusses the similarities and differences between Canada's and the United States' incidence of dog-related injuries and some possible reasons for the differences.

Summary:

On May 3, 2012 Governor Deal signed the "Responsible Dog Ownership Law", OCGA 4-8-1 through 4-8-33, legislation sponsored by Rep. Gene Maddox to protect the general public and their pets from injuries and death caused by dog attacks. The law was meant to provide “minimal” standards across the state but does not prevent counties or cities from adding more restrictive requirements & stringent penalties. This law clarifies classifications of dogs subsequent to the event and outlines the responsibilities of owners and the consequences of non-compliance with the requirements. The effective date is July 1, 2012.

Summary:

The author discusses the current state of breed-specific legislation (BSL) in several states, examining the efficacy of each law and the application to commonly assumed "dangerous breeds" of dogs. Upon investigation, the author concludes BSL is not an effective means of regulating canine behavior in communities.

Summary:

This table, developed by Joyce Tischler of ALDF, summarizes the pertinent federal regulations and state laws related to dogs chasing wildlife. External links to state DNR sites listing further rules are also provided.

Summary:

Part I of this Note examines the growing problem of dog bites and dog-bite related deaths ("canine homicides") through statistical analysis. This part also provides a description and history of pit bull terriers, currently the most frequent target of breed-based laws. Part II examines common criticisms and concerns that accompany each type of law, and provides an overview of additional legislation that has been enacted to reduce the number of dog bites and attacks. Finally, Part III concludes that breed-specific legislation is an ineffective and inefficient means of combating the dog-bite epidemic. This part argues that dangerous-dog laws are a more effective, albeit imperfect, solution to the problem and proposes non-breed-based supplemental legislation that can be enacted to reduce the public threat posed by dangerous dogs.

Summary:

This article explores the incongruity between the recent Louisiana decision in State v. Michels that allowed for the presence of a seemingly vicious dog to sustain the element of "dangerous weapon" in an aggravated sexual battery conviction. Louisiana traditionally only allows inanimate objects to be construed as weapons for dangerous weapons charges. The author suggests the Louisiana judiciary should align itself with the national jurisprudence to allow animate objects be viewed as dangerous weapons for the purpose of criminal prosecutions.

Summary:

This Comment examines the reasons for breed-specific legislation and looks at some of the human factors behind the “breed” problem. It argues that instead of targeting specific breeds, municipalities should enforce existing animal control laws and punish the human behavior that leads to dog attacks. This Comment concludes that laws addressing human behavior, rather than breed bans, are a better long-term solution to further public safety and animal welfare.

Summary:

This comment first addresses the established trend in Louisiana of holding dog owners ever more accountable for the damage their dogs cause. Second, this comment explores the emergence of criminal prosecution of dog owners around the country for their animal's actions and its impact on Louisiana jurisprudence. Third, this comment explores the possibility that the prosecution of an owner of a vicious dog might result in a conviction for either negligent homicide or negligent injuring in Louisiana. Finally, this comment proposes a legislative change that ensures those who own killer dogs and carelessly keep them will be punished.

Summary:

Compared to other non-human animals, dogs generally share a privileged relationship with humans. Recent government trends have been to classify dogs “dangerous” to force “irresponsible owners” to better control their dogs. While some “owners” are undeniably irresponsible and deserve to be held accountable, a fair analysis of some of the factual situations underlying dangerous dog classifications indicates that too many local governments declare dogs dangerous who are not truly dangerous. With the United States human population now at more than 300 million, it is foreseeable that this trend is only going to continue as developable land decreases, forcing humans to live closer together and to come into greater contact with neighbors' dogs.