Pit Bull Bills Appear Headed in Different Directions
Bills to overturn a Maryland Court of Appeals decision on dog bites will get a vote in both houses, but those bills may not have enough common ground to pass as law.
The fate of the pit bull legislation before the Maryland General Assembly remains uncertain as bills in the House and Senate appear headed in different directions.
The split is over strict liability for dog owners. The bill passed by the Senate Friday night in a 41-1 vote includes strict liability with a few carved out exceptions for things like provocation and trespassing.
Just down the street the House Judiciary Committee spent the better part of the afternoon with four different bills that would—at least in part—return owner liability to common law standards.
Sen. Joseph Getty, a Republican who represents Carroll County and northern Baltimore County, was the lone vote against the Senate bill.
"[Strict liability] sets a very high standard that is improper," said Getty, following the Friday vote, adding that the bill as passed "shifts the burden to dog owners to prove they have a defense.
"It all means insurance rates will go up under strict liability," he said.
Getty said the future of the Senate bill as well as four other pit bull related bills is less certain in the House.
"That bill is going to take a different path," said Getty, speaking of the House debate and vote scheduled for Monday.
That path was articulated by Del. Luiz Simmons, a Montgomery County Democrat, who repeatedly voiced his concern that insurance companies would jack up the rates for all dog owners if strict liability passed.
“Shouldn’t owners be responsible when he or she was negligent, not when he or she is not negligent,” Simmons said. “Why would you equate the negligent owner with the non-negligent owner?”
Simmons likened liability to car accidents, which also can have tragic outcomes. He said if strict liability was given to any person injured in an automobile accident “the structure would collapse.”
Del. Benjamin Kramer railed against anyone who offered the strict liability laws present in more than 35 other states as an argument for why Maryland should follow suit. The Montgomery County Democrat argued that each of the 35 with strict liability implement it differently, and the compressed timeline of the special session didn't allow for a nuanced debate on the issue.
He offered two bills for consideration. One would allow for strict liability to be applied only in certain instances that resulted in severe injury or death. The other Kramer bill would simply roll the clock back to common law liability as it stood on Jan. 1, 2012.
Even with an extended timeline Kramer seemed staunchly in the no category on strict liability for owners.
"Do you think the insurance companies are just going to sit back and not respond to this kind of sea change?" Krammer asked. "Folks like me, who are sure to be on that no coverage list, are going to be in the situation where we lose our homeowners insurance or we lose our pet."
If the House Judiciary Committee votes out a bill on Monday without strict liability, the two chambers could attempt to come together in a conference committee. But Democratic Sen. Brian Frosh, who sponsored the Senate bill, said that seems unlikely.
“This is the best we could do. So, we thought OK, we will give it a shot to get it done in this truncated environment," Frosh said. “If it gets real twisted and complex, I think it will probably unravel because nobody is planning to spend next week here."
Political Reporter Bryan P. Sears contributed to this article.
Jerry
10:40 am on Saturday, August 11, 2012
The negligent vs. non-negligent argument provides a loophole for dog owners to wriggle out of responsibility for serious harm and death, especially if they can afford a good lawyer and the injured party cannot. Since owning a dog is a purely voluntary decision, except in the case of service animals, strict liability is the logical choice.
Christopher Kidwell
5:37 pm on Sunday, August 12, 2012
Jerry, the bottom line is that if you approach an animal, you are taking the risk that you might get bit. Also, many times when animals are 'vicious', they are picking up on cues given out by the person in question that they are frightened of the animals (fright = harm usually in the wild) or are going to be aggressive towards the animals.
It's extremely rare that it's a baby who was not born in the home who has a pitbull approach them and is savaged 'out of the blue'.
Steve J.
11:42 pm on Sunday, August 12, 2012
We don't have strict liability for other types of voluntary activities, such as driving. Anyone who has a case that promises to settle for enough to cover the lawyer's costs and the medical bills will have a lawyer.
Bobby K.
11:01 am on Saturday, August 11, 2012
Has everyone heard of the KISS rule? Lets just keep it nice and simple people. If you are the owner of any dog, regardless of breed, and that dog bites or harms someone, then you are responsible.
The only exception I think there should be is in the case of home trespassing. If someone comes onto your property and gets bitten then they made the choice therefore if anything happens to them then they are responsible for their own actions.
Jeanne M Pizza
3:03 pm on Tuesday, August 14, 2012
I agree. We make everything so complicated. Keeping it simple s...... is cut and dried, You are responsible for your dog, your kid, your car, PERIOD.
L. Morris Glick
2:32 pm on Saturday, August 11, 2012
What do you mean by "loan vote"?
Why no bill requiring every household to own a pit bull? That makes more cents to me. (Whoops!)
Bryan P. Sears
2:50 pm on Saturday, August 11, 2012
The grammatical gaffe has been fixed. Thank you for your gentle correction.
Michael
4:55 pm on Saturday, August 11, 2012
Removing the dog from the equation is the simplest action. No pit bull, no bite, no law suit. Of course that just leaves the Rottweilers, Dobermans, German shepherds, and all the other big biters.
Christopher Kidwell
5:35 pm on Sunday, August 12, 2012
Actually, Michael....... small breeds are known to have multiple times, rounded up, the number of bites.
Basically, those 'big biters' are no such thing, it's a load of bullplop.
Spring Heeled Jack
5:10 pm on Monday, August 13, 2012
Yeah, most dog bites are from the mid to smaller breeds. Pitt bulls being the biggest of the mid sized dogs.
If I am not mistaken I believe I saw on one of those dog shows on Animal Planet that Pit Bulls are responsible for 51% of all fatal dog attacks. Rottweilers are responsible for 23% of all fatal attacks. The rest of all other breeds of dogs accounted for 26%.
Baltimore Matt
8:48 pm on Saturday, August 11, 2012
Just hold the owner of the pet liable. It seems silly to hold the property owner responsible when he/she is only charging for the use of the property. If someone gets bit they can sue the pet owner (via their renters insurance or working out payments through the court). To rent a property you need to be an adult and adults are generally held liable for members of their household, including their pets (when was the last time you heard of a landlord paying to feed a tenants pets or even children for that matter). Therefore the law should have the liability rest on the tenant because ownership and responsibility rests with the tenant not the landlord (the landlord is responsible for the building and property not for the pet that was not provided to the tenant by the landlord).
Maureen of Maryland Hypnosis
5:17 pm on Sunday, August 12, 2012
Yes, "Baltimore Matt" is right on track: We are responsible for anything our children --or pets--do. The judge was way out of line in creating a law. Her job was just to interpret the law. Instead, her decision caused us a lot of money as well as controversy in untangling the nuances.
Tony Solesky
7:49 pm on Sunday, August 12, 2012
Hey Sears,
I am in charge of mis spelling or as you so well put it gramattical gaffe. Can you get me on a radio ho where I can take questions. I would love to be able to anwser some of this stuff without the disbility of my gramttical and spelling dyslexia issues. I think Matt K is wrong and Maureen but I can't write well enogh to say Matt a neighborhood is a kids domain a dog is property secure it even on your own property you must secure your guns. A dog is autnomous danger so the standard of securing it is higher not lower. Maureen this case has seen no less then 17 judges and the entire court of uninformed opinion.
Baltimore Matt
11:26 am on Monday, August 13, 2012
What does this have to do with whether or not the liability for a tenant's pet falls on landlords? We are just asking that adults be liable for their own households.
These heads of households need to be liable for their children as well...many adults in Baltimore lack this idea. I have 3 households on my block full of little ghetto children that run the streets at all hours, litter everywhere, and damage other resident's property and the parents are extremely defensive of their children when the anyone brings to their attention their beloved children's behavior. I remember once they were playing on top on cars and when a neighbor complained to the parents that their children scratched her new car, the parents replies, not that they are sorry, not that it will not happen again, but replied "that is what your insurance is for"
My point is that adults need to be the responsible party, not the dog, children, or anything else. And if you own a dog and rent a place you either need to be in a position to pay for damages or have homeowners or renters insurance that pays liability (for god sakes you can get a renter's policy for less than $150 per year)
Plasma
8:22 am on Monday, August 13, 2012
Pit bulls are nasty, nasty animals... Get rid of them
Brook Hubbard
8:44 am on Monday, August 13, 2012
So are many people. Should we do the same to them?
Mr.Miagi
6:17 pm on Wednesday, August 15, 2012
Brook, they're called prostitutes. Tell your mom to stop hanging out on my street.
Parkvillehoney
12:15 pm on Monday, August 13, 2012
I think it will be very hard to get a renter to pay damages if a dog bites a neighbor. Most renters don't carry any insurance or have little assets to collect damages from. I think a landlord has to have some responsibility since he is renting his property to a person that has a dog. The landlord should require the renter to have renter's insurance or the landlord should take a policy out that would cover a dog biting a person. Include the costs of the renter's policy in the cost of rent.
Brook Hubbard
12:34 pm on Monday, August 13, 2012
If it applies to all dogs (or even pet owners) this might be the best form of legislation. If the landlord does not want liability then they would require the renter to have insurance; if the renter cannot (or will not) purchase insurance, then the landlord can simply not rent to them.
Again, though, this needs to be broad legislation... not breed-specific. That way people are not being unfairly targeted based on misinformation, misunderstanding, and the occasional outright lies.
Baltimore Matt
12:42 pm on Monday, August 13, 2012
Parkville Honey, if you can sign a lease (entering into a legal contract) then you can be an adult about pet ownership. It may be hard for the tenants to pay but that doesn't mean that the landlord should be liable for the pet; that just feels like the courts are say "someone" has to pay and since the landlord has the means to pay and the tenant does not, that we will make the landlord pay for damages. Do you realize the can of worms this opens? Will landlords have to pay for the damages caused to their neighbors due to their tenant’s or their tenant’s children? I can see the classified ads now "we will not rent to people without $100,000 in savings or $100,000 in liability insurance." This essentially says that the tenant due to their financial situation cannot be held liable for anything and if there is any harm we should simply sue their landlords. This will make it hard for landlords to get insurance and will surely raise the landlords cost which will in-turn raise rents
It comes down to this, you don't want this liability; don't choose to have a dog in your household.
That's like if you got into a car accident and the wealthier of the driver became legally liable for all damages because of their ability to pay.
It’s time for people to take personal responsibility for the actions of those in their household (human or not).
Parkvillehoney
12:54 pm on Monday, August 13, 2012
Baltimore Matt, I agree with every word you say. The problem is some people will not take responsibilty for their actions. That said, I believe a renter's insurance requirement will go a long way in solving the liability costs for a dog bite. How many people would have car insurance, if it wasn't a requirment? I don't like government intrusion, but in this case, it is needed.
Able Baker
4:44 pm on Monday, August 13, 2012
So what happens if someone with no assets and no equity has a dog and it bites someone? Who do you sue then?
Baltimore Matt
4:35 pm on Tuesday, August 14, 2012
Able Baker...haven't you ever heard of the phrase that you can't bleed a turnip. When someone has no assetts, no insurance, and nothing to sue for you can't bleed them for anything. Just because you can't bleed a tenant, it does not make is right to bleed the party that is simply exchanging temporary use of their property for money. Many landlords are not rich, especially since the housing market has tanked and has made it harder to come out even when selling the home that they themselves were living in. Many small landlords are renting out a property at cost, to pay for the mortgage interest, taxes, and upkeep. All you are going to do is bankrupt the party that does not have the day-to-day control of the pet. Is that ethical?
Furthermore, if the landlord is held responible for the pet under law, it means that the company that holds the renters policy will simply sue the landlord (in effect his/her homeowners policy) to recoup losses and the landlord will still have to pay for damages, whether in the form of direct payment or higher insurance premiums.
Tony Solesky
12:33 pm on Monday, August 13, 2012
Parkville Honey, You got it, It is the same as with the bank the bank owns the house not you. They require you to have insurance to protect the asset. Once you own it if you wish toi drop your insurance then at least their is a asset to go after if your dog almost kills a kid. Landlords are the business owner of the property and should require ot carry insurance then everybody is equally yoked. In reality a renter could sue you ( your insurer and you can't sue them) Bit the landlord who has enabled and fostered this inequity is somehow a victim if they run there realestate business different then 70 % of all Marylanders who own houses. And guess what we the taxpayer pick up the tab for injuries that a victim or the individuals who fostered the problem don't have insurance like us (resident Homeowners) Dog bites are one of many things this law would fix with absentee landlords.
Baltimore Matt
12:50 pm on Monday, August 13, 2012
...yes the bank holds the mortgage...but as a homeowner, if you don't have insurance the liabilty still fall back on the homeowner (generally the head of household) who is expected to pay for damages...
Brian
1:16 pm on Monday, August 13, 2012
@Tony So where does the dog owners responsibility lie? Why not go after the dog owner. Oh because they dont have money!!! This is not about anything but money. So what to you do when the landlord file Bankruptcy? Who do you go after then?
Tony Solesky
12:37 pm on Monday, August 13, 2012
Brooks I agree with you completely
Tony Solesky
12:38 pm on Monday, August 13, 2012
Mike, I wrote it this morning with a clear head. Yes it is all my work
Parkvillehoney
12:45 pm on Monday, August 13, 2012
Every mortgage I had required me to have homeowner's insurance. If I didn't, the bank purchased homeowner's insurance. The cost of insurance was included in my mortgage payment. Just make a law, all renter's have to have insurance that cover's dog bites. The landlord has to see a valid paid up renter's policy or the landlord will be required to purchase such insurance. I hate to see it go this way but I don't see any other solution.
Baltimore Matt
1:01 pm on Monday, August 13, 2012
Who is going to make sure that the insurance doesn't lapse? I'm telling you this issue must be an issue of personal adult head of household liability. Too many people in this town just try to pass the buck for their actions.
The only time a landlord should be concerned about someones pets is whether or not their tenant's pet will cause damage to the landlords property.
Just because someone does not have the ability to pay does not mean that they get a free ride.
Maureen of Maryland Hypnosis
1:47 pm on Monday, August 13, 2012
A basic renter's policy can cost as little as $108 annually. AND increasing the liability from $100,000 for injuries to $500,000 costs only about an additional $15 a year. We mandate the owner of a car have a lot less financial responsibility to pay for more likely injuries. WHen I rented out my home to a couple with 3 dogs, I did not care whether they were Chihuahuas (which bite more often) or Pits, they had to show me their personal liablity on a pre-paid-in-fullrenters' policy was at least $300,000. The point is that it should not be the judge's rule, it belongs to elected officials to make a decision who is responsible. Because of that court case, the personal responsibilty was shifted to the person with the "deeper pockets".
Parkvillehoney
3:39 pm on Monday, August 13, 2012
You, Maureen are a very smart lady. You are being proactive and preventing a problem before it becomes a problem. I applaud you!
Tony Solesky
4:29 pm on Monday, August 13, 2012
Baltimore Matt Insurance companies are un afraid to take the risk it is what they do. You are completely wrong about cost. A lease is completely different then a mortgage. As a mortgage holder/homeowner you have all rights over the house to modify as you please the bank maintians no control. The bank only steps in on a unpaid debt. In a lease the landlord maintains control and therefore cannot have it both ways let them give complete control of the house to the renter and you may have a point. They donot let them smoke change paint or modify the house, This is a lanlord lording over a property and escaping responsibility. A mortgage is a all together different thing.
Tony Solesky
4:35 pm on Monday, August 13, 2012
Matt to not have insurance you would have to outright own the house no mortgage on it otherwise it is required to be insured by the any and all banks. My wife Irene is a Mortgage underwriter. If the house is owned then you would have a asset to bond your dog ownership and take responsibility. In true responsibility taking it is three tiered. Like at work safe training, Safe Equipment and #3 a compensatory component to ccover that needs 1 and 2 will mean three is going to happen. By your logic I could drop my car insurance if I either am a good driver or a bad driver with a safe car. All public safety and work place safety are a three teired component.
Tony Solesky
4:39 pm on Monday, August 13, 2012
Parkville Honey actually it is not government intrusion. You see the Police and Fire Department and all other Public services base their structure on the fact that the vast majority will not need them because they will be privately positioned with car or homeowners insurance to not need tax dollars. The government should not allow any Policies that do not cause those not in the same protective boat to not have to enact some kind of other measures. For instance no insurance for car ride the bus. No insurance for renter muzzle your dog when in public. It is all real simple stuff
Tony Solesky
4:42 pm on Monday, August 13, 2012
Quite the reverse Matt if they can't pay they are getting a free ride on the Tax payer. If you ever had a public service background you would know it is three teired. Are you a responsible worker? Great tell your boss to drop your workers comp coverage.
Able Baker
4:50 pm on Monday, August 13, 2012
You misunderstand the reason for no-fault workman's comp. It was a regular practice to deny coverage to employees by claiming they contributed to the injury.
Tony Solesky
4:55 pm on Monday, August 13, 2012
Maureen You are getting very warm almost hot. The landlord is a business and makes money off of the transaction. They have a responsibility to see that their business has no greater effect on the neighborhood then does the other mortgage holders. If they require them to have insurance you have no problem which is why you have no problem with some people who may own their home but be complete idots. The point is none of this has to do with anything other then equal access and equal responsibility. As far as the money what do you mean the Landlord has deeper pockets. It is the insurance company that gets sued that is why you have it to protect your pockets.
Brian
3:33 pm on Tuesday, August 14, 2012
The landlord has a business with assets that are rented to a client. The client is separate and is not part of the business. The landlord is providing a service. The service is the building. The client is buying the service and is NOT an entity of the business. The business has no fault in or part in what the client does. It is a far reach to have the landlord responsible for the client (tenant) not paying his car note or controlling the behavior of a pet. If your true point is to make people more aware then there are ways to do it without causing harm to others. Having a loved one hurts but it doesnt mean that everyone and anyone has to pay because you cant make the owner of the dog pay. I question if you would even have named the landlord in the suit if the tenant was a multimillionaire and had not filed bankruptcy. I question your motives here. You can have much more credibility without a lawsuit. Ask you lawyer is that is true.
Tony Solesky
4:59 pm on Monday, August 13, 2012
Abe you sue no one the governement just raises our taxes the tax payer does'nt even get a fighting chance in court. What everyone misses is Why if someone doesnt have insurance or their landlord doesnt require it. why do you consider either responsible people? More important what is someone with no moiney for insurance doing even owning any dog when the average properly raised dog cost 2800. per year
Tony Solesky
5:07 pm on Monday, August 13, 2012
ABE , Now you are making my point. I think everybody just resents lawyers and law suits and decided that there is no circumstance where it may be good to sue someone into responsibility taking. Either way no one here understands what it takes to have advanced the discussion as far as I have. Anyone that says they did'nt learn something or take a new or modified point of view especially on the one free bite rule is probably kidding themselves. Don't be so quick to assume that that is the only revealation you will have on this matter. It is all good what I am advancing my whole family are public servants. My son had seven blood transfusions no one really knowns how long or when the buuble will pop. Rest assured you all and many others will learn think and direct and conduct yourselves in a new manner and that my dear brothers and sisters is my mission in all of this. That is why I am out here doing what I do. Just know that my case is not affected if the law changes back. So ask yourself why do I still stay involved if my case cannot be overruled by a law change?
Spring Heeled Jack
5:19 pm on Monday, August 13, 2012
Pit bulls are breed for fighting and guarding... its just inherent behavior breed into the species regardless of what people say.
Of course owners are the #1 preventer and stopper to thwart this inherent behavior. 1. Great owners have great dogs!
2. Slacking owners, (the ones that say, "let 'um dogs fight it out they will learn their rank in the pack") are the owners who have sketchy pit bulls that behave fine, then one day they snap and attack another dog or person. Then of course we hear the old common saying, "he has always been a great family dog...I don't know what happened".
3. Aggressive teaching owners that want the aggressiveness in the breed; well are what they are and they are the ones who should banned from owning any dog.
Just getting a pit bull to get a pit bull is a big responsibility and task to raise a good safe dog. These great owners work hard to raise a good dog and it shows. Its just the dam slackers and people who want one to be tough and aggressive are the issue.
Reminds me of the gun issue. Guns don't kill people, people do. Its kinda the same with a pit bull. Pit bulls don't kill people, slacking and poor owners do.
Brook Hubbard
3:53 pm on Tuesday, August 14, 2012
You are mostly on the spot, but there is one clarification:
The American Pit Bull Terrier was ~never~ bred to fight ~people~. In fact, that is the opposite of how APBTs were and are. Every breeding organization that recognizes APBTs notes that their temperament is extremely positive with people and that aggression toward humans is very uncharacteristic.
That being said, APBTs ~were~ bred for aggression toward other dogs. This is something that owners need to understand and work to train their dogs properly on. In the end, regardless of where the aggression goes, proper training and ownership is a must... with ~any~ breed.
Melissa S
3:53 pm on Tuesday, August 14, 2012
You should do more research on the breed you are referring to instead of listening to all the media hype surrounding pit bulls. Dogs bite people everyday, the media only makes it a story when it is a pit bull. At least that is what it seems like to me.
Baltimore Matt
4:37 pm on Tuesday, August 14, 2012
They like stories where man bites dog as well ;)
Melissa S
4:02 pm on Tuesday, August 14, 2012
Well said Brook!
Tony Solesky
5:28 pm on Tuesday, August 14, 2012
Brian, You asked my motivation and I told you what I believe. I believe if you loan your car to someone and they get in an accident the insurance follows the car the same as if they run a light at a speed camera. I told you I think it makes sense to apply this to landlords. I chose to find a law that did that. I understand your position but that is a position of the law applied to how it is now. That is what I am trying to change in strict Liability. Because I believe it should work that way for all the reason I said. It does not mean it will or that I am correct. It means that how I see it. I think if you don;t like what comes with being a landlord get in another business. Or no pets both solve the problem Or require insurance for your tenates or get a rider. If being a renter means you can't have a dog, paint the walls a different color or smoke then buy if you can't buy you save the money from owning a pet and put it toward a town payment. I have very deep empathy for someone who loves their pet. I have no sympathy for someone that thinks the world should make exceptions for them to have it. My sister owns her home and has a Pitbull she completely supports the law and she is prepared and positioned to put her money where her mouth is. Again if you can't rent to a person in comfort without concern that their activities may make you liable then why would you wnat me to live next to someone who you aren't comfortable with. Now here is the lesson ---
Tony Solesky
5:39 pm on Tuesday, August 14, 2012
most people here that talk about money that I want and yet their whole basis for arguement has not been the public Safety. Perhaps you should google Anthony Solesky testimony youtube and you will see what I am all about it is on the record. I love all of the feedback it tells me much. Where is your plan to keep bite victims safe? Mine was born out of a lawsuit. Why because I knew it is exactly what would make people get off of their ass and do something. So tell me before I brought suit what where any of you doing to stop the dog mauling problem? What is your plan now? Not in wiords but what government offical or agency are you working with to get a bill drafted? Perhaps you should run all of my statements through a profile all of them where I write and speak and am on the news. Perhaps you should ask a Police friend to profile me. Then ask them to look at your posts and have them profile you. What are you trying to catch me at being honest? I am sad for the many post that think my motivations are money. Not sad for me but sad for you who feel small somehow , for not doing more and then must tell yourselves noway somebody else could be do it for the right reasons. Long story short I told you all many times why I do it. It is in writing and media. Now all I will ask of you is have you ever considered that I do it for all of the reasons I say and if not why not?
SARAH ISSA
10:42 pm on Tuesday, August 14, 2012
i wish you compliment of the season with great joy in my heart for coming in contact with you and i have a special reason of contacting you which i will make known to you when i get your respond o my email address (sarahissa130@yahoo.com) there i will tell you everything about me and the reason of contacting you . SARAH GOD BLESS YOU DEAR
Tony Solesky
3:13 pm on Friday, August 17, 2012
Sarah, I have tried repeatedly to contact you. What do you want me to do with the money?