Are You Familiar With The Vicious Dog Law In Your State?
Almost without exception, wherever you live, chances are that there are going to be some sort of laws covering vicious dogs. Often, the vicious dog law is very thorough and may include some provisions as to leniency should this be the first offense that the dog has committed or if the dog was provoked into biting a human. It is unfortunate that many of the laws that are intended to protect humans often end up penalizing the dog for such things as their pedigree or breed. Such antiquated thinking is finally being erased from the majority of people who understand that training any dog is the responsibility of the dog’s owner
Also, whether or not a dog is to be found vicious relies on a plethora of factors. For instance, was the person who was bitten by a dog that was carrying out guard duty for its owner inviting a dog bite by trespassing? In this case, often the vicious dog law does not apply.
Further assume that perhaps every day a certain teenager passes a home with a tall picket fence that contains a barking dog, He teases that dog by rattling a stick on the picket fence, the entire length of the fence; creating pure enmity between himself and the dog. Of course, this actually provokes the dog, which begins to snarl when the teen is recognized to be in that dog’s neighborhood. If someone forgot to latch the fence gate one day and the dog was able to attack the teasing teen, would the dog be considered vicious? Because the teen provoked the attack and everyone in the village had seen him tease the dog unmercifully each day, the vicious dog law could not be applied against the dog or the owner of the dog.
Another instance where a dog may not be prosecuted due to it being vicious is, of course, in the case of a government dog or police dog, acting on command against a criminal of some sort. These dogs act upon command and are trained to be vicious while performing in the line of duty.
Ordinarily, even a very small community passes some form of law against vicious dogs in an effort to have those in the community control their dogs in order to keep its inhabitants safe. Some of the laws passed by these communities lack decent wording. That being said, if someone actively pursues a suit under these laws, chances are that they will win rather than the dog owner.
For more information, please call dog bite law expert, attorney John Donahue at: 1-888-7DOGBITE (1-888-736-4248).
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