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Jacobs on Pit Bulls: We Can't 'Single Out' Breed

Lawmakers including Sen. Nancy Jacobs, R-Harford/Cecil, consider measures expanding protections for dog bite victims and taking the spotlight off pit bulls.

According to Maryland lawmakers, shelters prepared for an influx of pit bulls after a law took effect in 2012 declaring them "inherently dangerous" in the state. (Credit: Patrick Freer/Dunwoody Patch)
According to Maryland lawmakers, shelters prepared for an influx of pit bulls after a law took effect in 2012 declaring them "inherently dangerous" in the state. (Credit: Patrick Freer/Dunwoody Patch)
By Tamieka Briscoe, CAPITAL NEWS SERVICE

Animal-welfare advocates, attorneys and lawmakers debated Thursday whether pit bulls and their owners should be treated differently under Maryland law if this specific breed of dog is involved in an attack.

Legislation pending in the Maryland General Assembly could reverse a 2012 decision by the Maryland Court of Appeals, which found the pit bull breed is inherently dangerous after a 10-year-old Towson boy was mauled by a pit bull and seriously injured.

A task force designed to review the legislation failed to come to an agreement during the 2013 legislative session, leaving questions about liability and victims of bites from dogs other than pit bulls without protection.

The failure to come to a resolution through courts or legislation has frustrated dog owners for two years.

“Everyone is telling us that we have to pass something,” said Sen. Nancy Jacobs, R-Cecil and Harford counties. “I just don't see that we can single out a single breed.”

"You were right then, you are right now. We have been on the right side of this,” Sen. Robert A. Zirkin, D-Baltimore County, suggesting that perhaps the solution may be to change some of the language to make it more clear the conditions where liability applies.

In a manner that resembled a prosecutor making opening remarks, Zirkin appealed to the emotions of committee members, arguing that a bill supported by the majority of the committee would not adequately protect victims of dog bites.

Zirkin said that it is important to pass the right bill so that dog-bite victims are not responsible for paying for damages that are no fault of their own.

“We make this thing understandable so that a blameless victim gets compensated. So that Nationwide and State Farm [insurance companies] and all the rest don’t get to walk away from their responsibilities by saying, ‘It never happened before.’” Zirkin said.

As an alternative, Zirkin has introduced his own measure, which would address some of the issues that he said were lacking in the other proposed legislation.

Zirkin said he does not believe his bill is flawless, but he emphasized the most important things was to protect "blameless victims"—that is, dog-bite victims who were not trespassing or doing anything to provoke a dog.

At several points throughout the hearing Zirkin expressed his concerns about the "blameless victim" going uncompensated based on a case where the dog had no prior history of aggression.

Despite the fact that it has been two years and legislators are under pressure to pass a bill, Zirkin says that he will not give in to a bill that he feels is "borderline immoral."

Said Zirkin: "I don't care if I am the only one left standing."

Representatives from companies like USAA, Nationwide Insurance, and private citizens took the podium to express support of the bill. Many of those that stood in support of the majority’s bill acknowledged that the bill was not perfect, but called it a “compromise.”

One of the supporters of the bill was a victim of a dog attack.

Kathy Hiett, 66, of Glen Burnie, said she recently lost a finger in an attack by two large dogs. The violent act took place in December when Hiett, a piano teacher, walked her two Labradors through her neighborhood. The dogs, believed to be pit bulls, attacked her younger dog, she testified.

Heitt says that the owners of the dogs were never identified, and as a result she could not be compensated for her losses. Heitt said she is now responsible for the medical bills for both herself and her pets. Heitt added that she cannot use her injured finger to play the piano, which affects her teaching work.

Related:
Anastasia February 08, 2014 at 02:44 PM
Dog bite victims should not be forgotten here. They are the true victims, not the dogs or thier owners.

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