At a Glance
- Case Type
- Regulatory Action
- Jurisdiction
- Local
- Date
- 2023-10-30
- Status
- Pending
A city recorded a notable increase in pit bull attacks and moved to evaluate new restrictions on dog ownership, including measures that could expand civil liability for owners whose animals injure others, Reuters reported on Oct. 30, 2023 [1]. The report placed the developments in the context of a broader national debate over whether municipal governments should rely on breed-specific legislation or owner-accountability frameworks to curb dangerous dog incidents.
The legal stakes for owners are substantial regardless of which regulatory path a jurisdiction chooses. Around 4.5 million Americans are bitten by dogs every year, resulting in approximately 800,000 seeking medical treatment [2]. In the 15-year period of 2005 through 2019, canines killed 523 Americans, and pit bulls contributed to 66 percent of those deaths [2]. Those figures have fueled recurring calls in city councils and state legislatures alike for stricter ownership rules tied directly to civil and criminal liability.
The proposed restrictions under consideration, as described by Reuters, include new legal liability for owners involved in attacks [1]. That approach mirrors statutes already on the books in several states. States that have enacted legislation assigning owner liability for dog bites include Michigan, Rhode Island, Florida, California, Texas, and Connecticut [2]. Many of those regimes operate on a strict liability standard. Illinois dog bite laws, for example, follow a strict liability doctrine, meaning the dog owner is generally held responsible for injuries caused by their dog regardless of whether the owner was aware of the dog's dangerous tendencies, if the attack is unprovoked [3]. Local ordinances can layer additional requirements on top of state law, and local ordinances may impose additional liability requirements on pit bull owners, such as higher insurance coverage limits [3].
Breed-specific legislation has faced sustained legal challenge, but courts have largely sustained it. Dog owners have challenged these ordinances in court, and a few have been thrown out by judges, but in general courts tend to uphold laws that impose special restrictions on certain breeds or ban them outright [4]. Both the Ohio and Kansas state supreme courts have upheld ordinances regulating the ownership of pit bulls, and the United States Supreme Court rejected requests that it review those state court decisions [4]. The political landscape, however, is shifting. Opponents of breed-specific legislation have had more success in the political realm than in the courts, and while courts have generally refused to overturn local breed-specific rules, governments themselves have become more skeptical of their fairness and effectiveness, resulting in many municipalities repealing their breed-specific rules [4]. In 2023, Florida law was changed to bar breed-specific restrictions, one major consequence of which was the invalidation of Miami-Dade County's 34-year-old ban on pit bulls [4].
Advocates for stronger regulation argue that existing laws are structurally inadequate. Most current state and local dangerous dog laws insufficiently penalize a dog owner after a damaging or deadly mauling, or fail to penalize the owner at all [2]. Many owners of dangerous breeds carry insufficient insurance coverage or none at all, and proactive restricted breed laws require owners of these breeds to carry liability insurance [2]. The outcome of the city's deliberations, according to Reuters, remained unresolved as of the date of the report, with officials still weighing the scope of any new restrictions [1].
References
[1] Reuters. (2023, October 30). Pit bull attacks spike as city considers restrictions. https://www.reuters.com/world/us/pit-bull-attacks-spike-city-considers-restrictions-2023-10-30/
[2] Wikipedia. (2024). Fatal dog attacks in the United States. https://en.wikipedia.org/wiki/Fatal_dog_attacks_in_the_United_States
[3] Palermo Law Group. (2023, September 28). Understanding Illinois Pit Bull Laws: Your Guide to Ownership and Liability. https://www.palermolawgroup.com/blog/illinois-pitbull-laws
[4] Nolo. (2024). Legal Restrictions on Pit Bulls and Other Dog Breeds. https://www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter12-4.html