Maryland’s highest court has stepped back from a ruling creating a
strict liability standard for attacks by any dog that is part pit bull,
deciding it only applies to purebreds.
In an opinion filed Tuesday afternoon, Court of Appeals Chief Judge Robert Bell
wrote that making owners and landlords liable for any attacks by dogs
that are part-pit bull, regardless of their history, was “gratuitous
and erroneous.” The dog involved in the case that brought the ruling
was a purebred pit bull terrier and its breed was never questioned.
“In
short, the question of whether strict liability should apply to
cross-breds was never in the case — was never asserted or argued,”
Judge Bell’s opinion states. “By gratuitously including them, the Court has opined on an issue that was never raised or argued.”
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7 comments:
So....do we have two different verdicts here?
so we can extend this to race based legislation?
Pits are great dogs. They are friendly, intelligent, social, and protective of their owners if need be. The only bad reputation these poor dogs get is because of mean people who beat, malnourish, and do such terrible things physically (cut and burn them) to make them fight for the fun/sport of it for money. The druggies use them as well. The abuse these dogs take is unbelieveable. The only animal is the human not the dog.
Responsible owners take care of their dogs and teach children to be respectful and not to hit or squeesh the dog and they provide a safe place for their dog in all conditions. I know of some police forces that also use them on the job.
Breed based legislation is race based legislation.
Can we vote on this?
Maryland's highest legal buffoons strike again!
Good. Makes sense, imo of course. (To which we are all entitled to)
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