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Mauling Death Sets Off Review of Dog Laws

 
 
Reply Sun 18 Dec, 2005 02:47 pm
Mauling Death Sets Off Review of Dog Laws

By KRISTEN GELINEAU, Associated Press Writer

RICHMOND, Va. - A Virginia lawmaker is proposing tough legislation to punish dog owners whose pets injure or kill, following a fatal attack on an elderly widow by three roaming pit bulls.


Dorothy Sullivan, 82, was attacked March 8 while walking her small dog, Buttons, in her own front yard in Partlow. Buttons also was killed.

Her family and some legislators say her death spotlights the need for legislative action.

"The horrific nature of Mrs. Sullivan's death, coupled with the prosecutor telling me he really didn't have a whole lot legally as means to pursue the case, told me that Virginia law really seemed to be lacking," said state Sen. R. Edward Houck. He plans to present the Dorothy Sullivan Memorial Bill to the General Assembly when it convenes next month.

In the absence of a specific law, the woman who prosecutors say owned the pit bulls, Deanna Large, faces trial Tuesday on a charge of involuntary manslaughter. It is the first time in Virginia a dog owner will be prosecuted on such a charge in a fatal mauling.

Large, 37, who lives down the road from Sullivan's house, could be sentenced to up to 13 years in prison if convicted of the felony and of three misdemeanor counts of allowing a dangerous dog to run at large.

Houck's bill would add a provision to state law to make fatal dog attacks a felony, punishable by up to 10 years in prison and a fine of up to $2,500.

It also would make certain dog attacks that result in serious injury felonies, instead of the current misdemeanors, punishable by up to 10 years in prison and a $2,500 fine. The penalties would be harsher for owners whose pets have previously been declared dangerous.

"There should be an option for the commonwealth to seek a stiffer penalty," said Kim Hamilton, executive director of the Virginia State Crime Commission.

The measure also would allow law enforcement officials to petition a court to declare a dog dangerous. Currently, only animal control officers have such authority. Owners of dogs declared dangerous would be required to maintain a $300,000 insurance policy, up from the $100,000 required now.

Despite the public outcry over Sullivan's death, Houck acknowledges getting the General Assembly to pass the legislation could be tricky.

"There's an old saying at the General Assembly: 'You do not introduce a dog bill,'" he said. "There's such a wide assortment and differing opinions about dogs that it's very difficult to develop a consensus."

Passionate debate between dog owners and attack victims makes it a tough issue for lawmakers to tackle, said Los Angeles attorney Kenneth Phillips, who has represented victims in more than 1,000 dog bite cases.

"It's tricky politically," Phillips said.

Most regulation of dog laws is done at the local level. Some cities, including Denver and Miami, ban pit bulls. Last month in San Francisco, city supervisors passed a law requiring spaying and neutering of pit bulls following the killing of a 12-year-old boy. In August, Ontario became the first province in Canada to ban pit bulls following a string of attacks by the dogs.

Banning certain breeds simply doesn't work, said Ledy VanKavage, an attorney with the American Society for the Prevention of Cruelty to Animals.

"It's a knee-jerk reaction," she said.

Sullivan's daughter, Betty Greene, said her family has collected more than 3,500 signatures on a petition calling for stricter dog laws. She hopes the General Assembly will take her mother's death to heart when considering the legislation next month.

"A lot of people agree with our petition and they want something done," said Greene, 57, of Partlow. "If they do pass the law and it does some good, at least she wouldn't have died for nothing."
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JustanObserver
 
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Reply Sat 24 Dec, 2005 03:34 am
I'm really interested in seeing where this goes. I remember reading about liability with dogs in my Tort class, and thinking "well, I guess that makes sense, but it could lead to trouble..."

Lets see what develops.

/dog lover
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