Phone: (516) 487-8207
A pit bull that had attacked two females within the past two months has been conditionally spared of euthanasia in Moreau Town Court in upstate New York this Monday.
Judge Timothy Alden has ruled Ares, the 2-year-old black pit bull mutt, to be a danger. His owner, Michael Christon, will have to pay a $400 fine for the attacks. Four other conditions must also be satisfied. First, a physical fence will have to be erected to replace the electric fence he now has. Second, Ares must be muzzled and leashed, and must be controlled by someone over the age of 21 when outside Christon's property. Third, Christon must pay for Ares's neutering. Fourth, a microchip must be placed beneath Ares's skin within a month, also courtesy of Christon's personal financing.
The first incident occurred on May 27. Kadyn Creel, 7, was walking to meet a friend at 7:30 pm. Ares attacked her and scratched her right cheek. Her mother claims the damage she sustained required 36 stitches and $10,000 in medical costs. Their lawyer is now investigating whether to sue Christon or the town for negligence.
Christon had warned Kadyn not to throw sticks at Ares the day before. Still, he maintains that his dog merely wanted to lick Kadyn but accidentally reached her with his claws.
He claims the same thing regarding Julia Scoville, 85, who was attacked on June 16 at 9 am. She was knocked over by the dog and a companion dog. She was taken to Glens Falls Hospital for treatment for cuts beneath her right eye.
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Let's look at it from the viewpoint of the injured victims. This does not sound like a warm and fuzzy animal who simply got caught up in the act of playing, and playfully scratched or injured one of them. While no one wants to make a decision like putting down an animal if it may have redeeming qualities, this is now the second time, according to the article, that the dog has injured someone. Even with these restrictions, it is still possible for the dog to cause injury. The more important legal question arises: What happens if the homeowner takes all protections the court has ordered, and then the dog causes serious harm to a visitor? Will the owner be held responsible and will the dog then be put down for being a danger to society?
These are the type of issues that confront personal injury attorneys often in dog bite cases.
If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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