Bill filed to address dangerous-dog appeals

Pet owners who want to try to prevent their dog from being declared dangerous, which puts it at risk of being euthanized, could soon have a way of appealing the designation in court.

State Rep. Eddie Rodriguez, D-Austin, has introduced a bill that would allow appeals of dangerous dog declarations to be heard in county courts at law.

The bill number is HB 297. The Legislature convenes Tuesday.

Previous legislation on the issue was flawed. It stated that dangerous dog cases could be appealed to county criminal courts in large counties, such as Tarrant. But under other laws, those courts do not have jurisdiction in civil cases, which is what a dangerous dog declaration is.

Randy Turner, an attorney specializing in animal-rights issues, said the same legislation was introduced during the last session but died in the Calendars Committee.

"This is a good bill," Turner said.

It not only clears up which court should hear the cases, but also calls for jury trials in municipal court for dangerous-dog cases, he said.

"When a trial judge knows that a case can't be appealed, he can do whatever he wants," Turner said. "There is no one around grading his papers."

Historically, municipal courts handled criminal cases but gradually started handling some civil matters, including dangerous-dog rulings, red-light camera cases and parking violations, which can't be appealed to the criminal court.

Rodriguez's bill addresses only the dangerous-dog issue.

The flaw in the appeal process came to light last fall when Thomas and Rana Soluri's two pit bulls, Lilo and Stitch, were declared dangerous by a Fort Worth municipal judge.

They discovered that their appeal couldn't go anywhere, and the Soluris, along with the Lexis Project, a national organization representing dangerous-dog owners in legal disputes, sued the city saying the ordinance was unconstitutional because the appeals process was flawed.

The Soluris did not return calls seeking comment on the new bill.

The controversy started in late August when the Soluris' neighbor filed a complaint with the city animal control division, describing how Lilo and Stitch broke through a fence and charged at her German shepherd puppy and her. The Soluris' dogs were seized Sept. 22 and declared dangerous five days later.

A state district judge prevented the city from euthanizing the dogs, and Rana Soluri agreed to comply with city rules so that her dogs would not be put down. The agreement required Soluri to pay about $2,700 for boarding and veterinary care and to comply with seven conditions set by a municipal judge.

The agreement ended the court case, but the family and their attorney said they were disappointed that they had no chance to settle what was called a "constitutional violation."

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Source: Star-Telegram (Campbell, 1/1)

Tips on how to avoid animal attacks

Man's best friend?

Each year, dogs bite 4.5 million people in the United States, according to the Centers for Disease Control and Prevention.

The best way to survive a dog attack, according to a Los Angeles-based forensic expert who specializes in dog bites, is to avoid one before it starts. That means being aware of the animal's body language, Ron Berman said.

If you come across a dog, ask yourself: Are the dog's eyes narrowing? Is the hair on its neck standing on end? Is the animal lunging or growling, with its ears pointed upright or its body stiff? If so, don't stare, Berman said. Aggressive dogs may interpret eye contact as a challenge.

"If you're far enough away, you want to do anything you can to separate yourself from the dog," Berman said, whether it's jumping on top of a car or scaling a fence or gradually backing away. "If a dog is sizing you up, turn to your side. The smaller you look the less threatening you become."

If a dog charges, you have to act fast. Berman advises doing the one thing you probably don't want to do: Stand your ground. Running is likely to activate the dog's predatory instinct. If that doesn't work try the following:

• Scream and yell in a deep, shocking voice. Sometimes this is enough to make an aggressive dog think twice. It also alerts others that you're in trouble.
• Grab a nearby object such as a stick or a pole for the dog to bite instead of you. If you have a jacket and can get it off in time, wrap it around your forearm and place it between you and the dog.
• As a last-second resort, go into the fetal position. "It's a matter of protecting your vital parts," Berman said. "In the fetal position, place your hands over your ears and push your face toward your chest." If you're lucky, being still will lower the dog's aggression level.
• If that doesn't work, fight for your life. "I've had people bite the dog back, slam the dog's head against the ground, throw garbage cans, poke the dog in the eye," Berman said. "Do whatever it takes."

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Source: My San Antonio (Holley 7,30)

State Farm paid over $109 million last year for dog-bite claims

Dog bites man does not get a lot of attention in the news, but it costs insurance companies hundreds of millions in claims every year.

State Farm Insurance, one of the nation's largest home insurers, paid more than $109 million on about 3,800 dog bite claims nationwide last year, spokesman Eddie Martinez said Wednesday. In 2010, there were about 3,500 claims and $90 million in payouts.

The Insurance Information Institute estimated that nearly $479 million in dog bite claims were paid by all insurance companies in 2011, spokeswoman Loretta Worters said. In 2010, it was $413 million.

It's no surprise that California — home to more dogs and people than any other state — led the way in 2011.

Martinez says 527 claims were filed in California and victims received $20.3 million, a jump of 31 percent over 2010.

State Farm is still working to determine reasons for the spike, Martinez said.

About 4.7 million people are bitten by dogs each year and more than half of the victims are children, the Centers for Disease Control and Prevention said. About 800,000 people seek medical attention for the bites. Less than half of those people require treatment and about 16 die, the agency said.

After children ages 5 to 9 years old, the agency said that seniors represent the largest group at risk, followed by letter carriers.

Nationally, about 5,600 U.S. Postal Service letter carriers were attacked by dogs each of the last two years, said Los Angeles spokesman Richard Maher.

In California, a carrier was attacked in March and died of complications four days later after she suffered a stroke likely caused by trauma, Maher said.

Los Angeles carriers recorded the most bites with 83; San Diego was second with 68; followed by Houston at 47; and Cleveland at 44.

Medical expenses from dog attacks cost the Postal Service just over $1 million last year, officials said.

[Involved in an Animal Attack? Contact an Attorney to help you get the money you deserve.]

The third full week each May is National Dog Bite Prevention Week and State Farm, the U.S. Postal Service, the American Veterinary Medical Association and CDCP release dog bite statistics and launch campaigns to promote dog safety.

Despite the large number of attacks on letter carriers, the Postal Service decided to focus on children for their campaign because a child is 900 times more likely to be attacked than a letter carrier, Maher said.

Heredity, training, socialization, health, and the behavior of humans around it can all contribute to a dog's tendency to bite, Martinez said.

The ASPCA predicts half of all children in the United States will be bitten by a dog before 12. The majority of bites will be from the family dog or the dog of a neighbor or friend.

People across the country own about 78.2 million dogs, according to the American Pet Products Association.

State Farm's figures listed the top 10 states by number of claims, claims paid and claim average.

California was tops in the first two categories, then came Illinois, 309 claims, $10 million; Texas, 219 claims, $5.1 million; and Ohio, 215, $5.4 million.

At the bottom of the claims per state list were Maine, New Mexico, Montana, Hawaii and South Dakota, Martinez said.

The average cost per claim nationally in 2011 was $28,799, Martinez said.

California had a per-claim average of $38,500 but New York came in first because the company paid an average of $45,900 per claim there. Michigan was second with an average $38,700 per claim.

In 2010, California led the way with 369 claims and total payouts of $11.3 million. But the average cost per claim in the state was $30,000, placing it second behind Florida, where the average cost per dog bite claim was $38,400. Florida had 146 claims for a total of $5.6 million.

There are ways to help a child avoid dog bites, the ASPCA says.

A youngster should never stare into a dog's eyes, tease a dog, approach a chained dog, touch an off-leash dog, run or scream if approached by a loose dog, play with a dog while it is eating or touch a dog while it is sleeping. If a loose dog comes close, children should stand very still and be very quiet. Always ask a dog's owner for permission to pet it and let the dog sniff your closed hand before you start touching it.

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source: Associated Press (5/17)




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