Are Dog Breed Bans Effective at Reducing Attacks?
There is an old adage in the newspaper business that a dog biting a man is not a story, but a man biting a dog is. While that points out the entertainment value of a unique story, there is nothing entertaining about being the victim of an actual dog bite. These types of injuries can be extremely painful and traumatic, especially for children.
To reduce the number of dog bit attacks, several states and cities across the country instituted dog ban breeds that prohibit residents from owning certain types of dogs. There are also many insurance carriers who go one step further and won’t issue a homeowners insurance policy for owners who keep those breeds. The following are some of the dogs most often named in dog breed bans:
- Rottweilers
- German shepherds
- Doberman pinschers
- Akitas
- Pit bulls
- Siberian huskies
- Staffordshire terriers
- Wolf hybrids
If you opt to own one of those dogs and they bite someone, your homeowner’s insurance might not cover the expenses due to a personal injury claim. Ironically, you could lose your home by paying off a dog bite lawsuit settlement.
West Virginia Dog Breed Laws
West Virginia does not currently have a statewide dog breed ban. However, several cities throughout the state have bans. For instance, Barboursville, Ceredo, Dunbar, and Fayetteville either ban pit bulls outright or declare them to be “vicious.” Charleston does not have a ban, but they do have specific laws. According to the City of Charleston, animals at large are prohibited. This is how the law reads:
“No person owning or having possession, charge, custody or control of any animal shall cause, permit or allow the animal to stray or in any manner to run at large in or upon any public street, sidewalk, athletic field, athletic facility, or park or upon the property of another if such animal is not under a physical restraint or a leash so as to allow the animal to be controlled. The length of a leash shall not be more than (16) sixteen feet long.”
If a dog owner does not comply with that law, they could be fined and held responsible for a dog bite.
Are Breed Bans Effective?
Dog attacks have become such a problem for this one town in Kanawha County that the mail carriers have refused to deliver the mail. According to a report by WOWKTV, locals have to drive to Charleston to get their mail because the dogs are running wild. That is the kind of nuisance that can be attributed to irresponsible dog owners rather than a specific dog breed.
Several studies have found that breed-specific legislation (BSL) has not significantly reduced dog bite incidents. The Humane Society published a report pointing out how the National Animal Control Association and the Centers for Disease Control and Prevention oppose BSL.
Are breed bans effective? Here are some problems with breed bans:
They Encourage Irresponsible Ownership
Breed bans can create an aura around certain breeds, giving them the perception of being exclusive or unique. As a result, some think owning these breeds gives them a status symbol as they project a tough image. Unfortunately, that can lead to owners who aren’t training their dogs properly or socializing them in a way that makes them less aggressive.
They Give a False Sense of Security
Just because there is a pit bull ban in place doesn’t automatically make a community safe from potential dog bite attacks. That false sense of security might make some owners irresponsible about controlling their dogs. Of course, every dog owner thinks their pet is not aggressive. The truth is that any dog can attack if provoked.
Dogs Are Mistreated
If a community instituted a dog breed ban, the owners who have those types of dogs might put them into hiding or other unsafe conditions. They think they are taking care of them, but in reality, they are mistreated because they’re no longer able to socialize or exercise.
Getting Help as a Dog Bite Victim
The core issue of a dog bite attack is the lack of control on the part of a dog owner. If a dog is off leash or escapes from a yard, the owner can be held responsible for any harm that dog causes. If you or someone in your family has been the victim of a dog bite attack, it could be considered a premises liability issue. That is when you’ll want to talk to the attorneys at Hendrickson & Long, PLLC.
We have helped many clients with these types of personal injury claims. Even though the dog caused the injury, its owner should be held responsible. Call to set up a consultation to discuss what happened and how we can help.
