Blog Topic

Pit bulls, Rottweilers & Other Dangerous Animals
June 11, 2009

Dogs can be man's best friend. When properly bred, properly trained, and a lot of love and attention, a dog is the perfect pet and can provide a lot of years of companionship to children and adults alike. With 74.8 milliond dogs in the USA, unfortunately there are a lot of dogs who are bred improperly, maltreated, and do not get the training they need to be good pets.

A survey by the national centers for Disease Control and Prevention (CDC) revealed that dogs bite almost 2% of the population, which equates to more than 4.7 million people annually. Out of those, almost 800,000 bites per year, which is one out of 6, are serious enough to require visits to the ER and medical attention. In fact, dog bites are the 5^th most frequent cause of emergency room visits among children.

In 2007 alone there were 33 dag maulings which were fatal. Unfortunately, Texas leads the states in dog bite and mauling deaths, with 7 deaths. According to a study done by Merritt Clifton, editor of Animal People, pit bulls, Rottweilers, Presa Canarious and their mixes are responsible for 74% of dog attacks in the study. The Clifton study concluded that if a pit bull terrior or a Rottweiler has a bad moment, someone is often maimed or killed, when compared with other breeds having bad moments, where someone is merely bitten. Dog attacks cause over $1 billion in monetary losses, including medical bills, each year.

Pit bulls and Rottweilers are dogs that must be handled with special precaution, regulated with special requirements which are appropriate to the risks that they pose to the public.

Sadly, people who own these animals do not provide the proper environment, security and training that these dogs require. Not only that, but oftentimes these dogs are not secured, so that dogs are left to run family neighborhoods and put our families and children at risk of being bitten or worse, attacked and mauled.

If you or a loved one has been the victim of a dog bite or attack, call the Montes Herald Law Group. We are located in Irving, Texas, and we handle cases involving animal attacks all across north Texas (including Dallas, Tarrant, Ellis, Denton, Hood, Johnson, Rockwall and all of the other counties around the DFW Metroplex) We have experience litigating these cases, we know the law, and we know how to prove the case through experts, evidence and documents. We are here to help you, and help to make pet owners responsible and safe with their pets. Please visit us on the web at www.montesherald.com.

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Lawmakers Propose A New Law To Regulate Owners of Vicious Dogs
May 26, 2009

Following an April, 2009 attack by pair of pit bulls that killed a 7-month-old baby, Texas State Representative Trey Martinez Fischer (D-San Antonio) has sponsored a House Bill 1982 that requires the owners of dangerous or vicious dogs to be responsible for their dogs. The bill:

1. Requires the owners of "vicious" dogs to get liability insurance;
2. Requires owners who live in cities with populations of more than 1 million to keep vicious dogs that weigh more than 40 pounds on a leash, in a secure enclosure or inside a residence and ban the animals from parks and schools.
3. Prohibits people younger than 21 would also not be allowed to own vicious dogs;
4. Makes it a second degree felony if the victim of an unprovoked attack is a person under the age of 15 or is 65 years of age or older;

The bill does not identify any particular breed of dog as being vicious or dangerous. Instead, the bill labels a dog as vicious by looking at the "physical nature and vicious propensity" of the dog. A "vicious dog" is a dog that:

1. because of the dog's physical nature and vicious propensity is capable of inflicting serious bodily injury, or death to human beings and constitutes a danger to human life or property;
2. without reasonable provocation has habitually behaved within the enclosure in which the dog is kept in such a manner that the owner knows or should know that the animal is likely to attack or bite;
3. commits unprovoked acts while in the enclosure in which the dog is kept, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or
4. acts in a highly aggressive manner while in the enclosure in which the dog is kept and appears to a reasonable person to be able to escape from the enclosure.

The law firm of Montes Herald Law Group, L.L.P. has successfully represented numerous clients who have been the unfortunate victim of a dog bite or other animal attack. We understand that these attacks not only leave painful physical scars that often get infected and require surgery, but they also leave people emotionally scarred. Contact Montes Herald Law Group, L.L.P. if you or a family member has been attacked by a vicious dog or other animal.

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