- Category: Solesky v. Tracey
- Published on Saturday, 28 April 2012 17:19
- Written by Fred M. Kray
Close 4-3 Decision Creates Strict Liability
For Pit Bulls and Pit Bull mixes
Dogsbites.org and ASPCA file Amicus Briefs
Maryland's highest court decided in a very close decision that owners of pit bulls and pit bull mixes are strictly liable for injuries caused by dogbites. Landlords who rent to pit bull or pit bull mixes, know the tenant has a pit bull or pit bull mix, and fail to take action, will also be liable for bites by the tenant's dog. The full opinion can be read here. Other news analysis of the decision can be read here, here, and here.
I will be discussing the case in depth on Tuesday's radio show. The case only affects Maryland. The majority of states, including Florida, already have strict liability for damage done by dogs regardless of breed. There are a lot of issues not decided in the case, that will require further litigation. Having said that, Maryland Pit Bulls will probably not be able to be adopted out, and owners will have a much more difficult time finding rentals with their dogs.
If you want your blood to boil, take a look at the Amicus Brief filed by Dogsbite.org, here. Thankfully, the court did get to see both sides, since the ASPCA filed an amicus on the other side.
Tune in Tuesday to hear what the lawyer defending the case had to say about it. We will also be talking with attorney Jennifer Edwards who is handling the Denver Pit Bull Service Dog litigation.