A Lawsuit Filed For A Pit Bull Dog Attack In Jefferson County

Online, April 13, 2013 (Newswire.com) - Dustin Driskell is cited for negligent dog ownership in a pit bull dog attack against Glen Marby and his dogs. The dog bite law suit was filed in Jefferson County district court.

On March 2, Marby was out walking his two smaller breed of dogs when a pit bull emerged from an open-gate pen on Driskell's property. The pit bull attacked the two dogs and Marby tried to separate his dogs from the vicious pit bull when the dog started to attack him, causing him to fall on the street where the pit bull attack continued

The dog bite law suit states that as a result of the attack, the plaintiff suffered from humiliation of being dragged down on the ground and seeing his dog being attacked and suffering from injuries by the attacking pit bull of the defendant.

The law suit indicates that the defendant failed to maintain his dog in such a way to keep it from attacking Marby and members of the general public.

The plaintiff is suing for his past and future medical expenses, mental anguish, lost wages and all legal costs.

The Reality: The Killer Statistics

According to Humane Society, the breeds of dogs who are frequently involved in human fatalities are pit-bull, Rottweiler, St. Bernard, German shepherd, Huskies and Malamutes.

About 4.7 million dog bites are recorded in the US every year and an estimated average death toll of 18 every year. Forty three per cent of this dog bite fatalities is pin pointed to pit bull attack. Although pit bull population is only two percent of the total dog breeds population in the US, this numbers suggest that pit bull is the most aggressive canine breed capable of killing an individual.

Texas Dog Bite Law With Harsher Penalties

In Texas, the new dog bite law states that negligent pet owners will face felony charges if their dogs seriously injured or kill an individual and could possibly go to prison. The law was revamped after the fatal dog attack of a 76 year old Central Texan woman.

Under this law, the owner of a dangerous dog can still face misdemeanor charges if canine injures someone. That same owner can now be on the hook for a felony and jail time if the victim dies or suffers injuries requiring hospitalization.

Additionally, the law strictly adheres with the "one bite" policy which states that owner can't be held responsible for their pet's first dog bite attack, but a dog's first attack can be a felony offense if the injuries inflicted are fatal or severe enough and if the prosecutors prove the pet-owners negligence in not securing the animal.

Officials said this law will catch pet owners where usually the dogs are being punished instead.

The Texan dog attack law is considered as the toughest law in the nation.

Common Law Liability

Texas does not have a dog bite statute.

Generally, a dog owner cannot be held liable for damages that the dog causes, unless the canine is vicious and the owner have the actual knowledge of his dog's viciousness. If the animal has aggressive tendencies and the owner is knowledgeable about it, the owner is subject to liability under the law of strict liability. If an animal is non-vicious, the owner may still be subject to liability for his negligence in mishandling the dog.