Charles Britt, the attorney representing Padi and his owner, veterinarian Paul Gartenberg, will argue Florida's dog bite statute is inconsistent with Stand Your Ground and dog bite tort law. Padi faces euthanasia by Manatee County Animal Services if his case is lost in the Circuit Court. At issue is the constitutionality of Florida's dog bite statute.
A final decision on Padi went to Circuit Court after a public outcry on Facebook prompted county commissioners to hear her case. Under the current law, Britt said, Padi's owner is not entitled to "due process" and the dog would be euthanised without a hearing. Britt argues Padi was provoked to bite the child when the child was not properly supervised.
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The attorney said that Padi has the right to defend himself in that situation when he was cornered under the veterinarian's desk. This would be in line with Florida's 'Stand Your Ground' law enacted in 2005. Attorneys representing the victim's family are arguing that Padi was unprovoked in the attack that severed the earlobe of the child.
4 comments:
Dogs very seldom attack without provocation. The problem is that too many people don't realize what actions can make it feel threatened and provoke it to attack. For example people trying to force affection on dogs can make dogs very scared. Imagine if somebody much taller than you tried to hug you and wouldn't take no for an answer. Not only would you feel justified in defending yourself, but that person would probably be prosecuted for harassment or assault.
Simple rules:
1. Let the dog come to you. If it wants your attention and affection it will come.
2. If it's not your dog all the owner's permission before you pretty it.
3. Never, ever, hug a dog unless you know how it will react.
The owner says that the child was not properly supervised, yet he did not have his dog on a leash. I've seen smaller dogs absolutely tremble because of larger dogs. If you can't hold the pet in your lap, then they should be tethered.
The dog simply should've been kept in a secure area away from the customers, such as being gated in behind the receptionist's desk / area. Being tethered would not help if the boy could still access the dog.
Gareth's advice is spot on and should be applied to all animals. An animal with a very nice temperament will act up if not handled or approached appropriately.
"If you can't hold the pet in your lap, then they should be tethered."
It sounds like the dog was in the owner's place of business. If he's never had a problem with the dog before, why should he tie it up?
My sympathy is entirely with the dog in this. If you can't keep track of your child and teach it to respect animals, it's your own fault if they lose an earlobe.
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