# Bite Laws



## Howard Gaines III (Dec 26, 2007)

I see some cities and states are passing more laws on first bite issues, this is a way to get around the BSL aspect. Does your state have any laws that restrict the handler/owner from owning a certain breed or if the dog bites someone it is then labeled dangerous? What about when someone taunts your dog and is bitten?


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## Howard Knauf (May 10, 2008)

My county adopted a one bite rule (animal or human) to label the dog dangerous if it met the criteria. The state rule was one bite on human and 2nd bite on animal. We now follow state guideline. I sit on my county's dangerous dog review board and I am approaching my fourth year.

Florida has no BSL that I am aware of but insurance companies are very strict. Some municipalities may adopt a BSL but I don't know of any either. I've heard of HOA's and apartment complexes who ban certain breeds though.

In Florida if the dog is taunted and bites he gets a pass. That incident doesn't go against him if he ends up in front of us at a dangerous dog hearing. Can't speak for other states.


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## Howard Gaines III (Dec 26, 2007)

Howard I'm thinking of doing something with service dogs for the vets in our area. Since many military retire in Delaware due to the "tax free" shopping and close drive to many areas, service dogs can take many forms. Protection dogs would fall into that venue, so I've been told. I would hate to see a vets or anyone else screwed by the system when the dog is doing their job, protecting the handler. Too often proper judgement never enters to picture...:-#


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## eric squires (Oct 16, 2008)

Here in my county there is not a one bite provision. There is a vicious dog law that stipulates dogs can be seized for biting a human or other animal. There is review board that makes the decision as to the fate of he dog. Dogs are not deemed vicious if they are protecting their property and or people. It is really only enforced if the dog is running loose or completely out of control.


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## eric squires (Oct 16, 2008)

There is no BSL here in WV that I know of at the state, county or city level that I am aware of. For sure I see on a private level with homeowners and insurance companies


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## catherine hardigan (Oct 12, 2009)

Where I live, I think a dog would pretty much have to maul somebody or kill another person's pet for animal control to bother to do anything.

For example, my parents live in a very wealthy suburban neighborhood. Several years ago some neighbors had a dog that they would leave outside unsupervised. No fences, no kennel or chain... you get the idea. They were asked several times to keep their dog confined to the yard (he would wander around), but they were always like "It's okay. He's friendly." Animal control was called on more than one occasion, but nothing changed. That is, until their dog killed a neighbors dog.

A couple years ago, a young woman's house was broken into. The police suggested that she get a dog as a deterrent, so she did. About a year ago she went on vacation and had her parents pet sit. The parents live in my parents' neighborhood. One evening another neighbor was walking down the street (no sidewalks) and the mom was outside with the dog... no leash. The dog started barking and growling, the mom didn't do anything, and the dog ended up running out into the street and biting the man on the leg. Of course the lady was all like "But he's such a nice dog." Police were called - it was in the evening after animal control was closed for the day - but again, nothing happened. No fines. Dog was not put down. Nothing. Police didn't follow up with animal control the next day.

That's when people feel they have no recourse but to call a lawyer.


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## Bob Scott (Mar 30, 2006)

Missouri used to have a "first bite free" law but now the victim doesn't even have to prove neglect on the dog owner's part. They only have to be able to identify the dog that bit and the owner of that dog.


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## Howard Knauf (May 10, 2008)

Howard Gaines III said:


> Protection dogs would fall into that venue, so I've been told. I would hate to see a vets or anyone else screwed by the system when the dog is doing their job, protecting the handler. Too often proper judgement never enters to picture...:-#


 You might want to research that more. The last I heard, service dogs couldn't be trained protection dogs. Natural protection yes, but not trained to bite.


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## Sarah Platts (Jan 12, 2010)

Howard Knauf said:


> You might want to research that more. The last I heard, service dogs couldn't be trained protection dogs. Natural protection yes, but not trained to bite.


I wish that was the way but was recently told of a guy who suffers from PTS and bought dog to help with his condition but the dog is PP-trained. The reasoning is that the dog would then serve as his protector when he's wrapped up in one of his flashbacks. So what happens if he gets one of these in a public venue and a Good Samaritan or first responder shows up to assist?


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## Mark Herzog (Aug 22, 2013)

Sarah Platts said:


> I wish that was the way but was recently told of a guy who suffers from PTS and bought dog to help with his condition but the dog is PP-trained. The reasoning is that the dog would then serve as his protector when he's wrapped up in one of his flashbacks. So what happens if he gets one of these in a public venue and a Good Samaritan or first responder shows up to assist?


I'm sorry but I can't get my head around this. I understand a PPD also being able to give emotional support for someone who has PTSD, however, this assumes that the PTSD is controlled enough that the handler is always able to maintain control of the dog. If the PTSD is such that _*"when he's wrapped up in one of his flashback"*_ this implies there is no control over the dog (or unstable control of the dog). In my opinion that dog should NOT be PPD trained... should instead be there solely as an emotional support K9.

PTSD encompasses a wide range of symptoms... if the PTSD is severe (and uncontrolled) enough for a 'public' episode that leaves the handler requiring Good Samaritan or first responder assistance (and unable to control the dog) definitely this is NOT the person to be handling (and responsible for) a trained PPD.

Having said that I know quite a few people with PTSD... their symptoms are quite varied... but few have any history of the kind of "public" episode that you implied. Mood swings... definitely. Withdrawal, depression, anger issues... absolutely. Agoraphobia.... not unusual. But someone who is so uncontrolled that they 'totally lose-it in public' that to me should disqualify being in control of a PPD. It a recipe for disaster I would think.


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## Howard Knauf (May 10, 2008)

Sarah Platts said:


> I wish that was the way but was recently told of a guy who suffers from PTS and bought dog to help with his condition but the dog is PP-trained. The reasoning is that the dog would then serve as his protector when he's wrapped up in one of his flashbacks. So what happens if he gets one of these in a public venue and a Good Samaritan or first responder shows up to assist?


 I haven't taken the time to research PPDs as service dogs but likely this fellow is in violation. Now, he might argue that he is vulnerable to attack or exploitation during his episodes but IMO that would be rare and the norm would be a concerned citizen trying to help instead. That would be a bad outcome.

In the case of PSD handlers getting seriously injured or knocked out and the dog keeping first responders from assisting....on my squad I have a few people comfortable enough to catch the dog on a sleeve and hopefully pull the dog away from me so I can get help. We had this happen once in our agency. At that time we had two teams on at night and the other handler caught the dog and was able to secure him. Doesn't happen that often but it does happen.


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## Benjamin Richeson (Mar 19, 2014)

Dade County in Florida has BSL against any dog that looks like a pit bull. That includes boxer mixes, lab mixes, American Bulldogs, mastiff types, and many hound and bird dog mixes that are unlucky enough to have shorter ears. 

Here in Indianapolis we have a dangerous dog law. If the dog was confined or controlled on a leash by the handler, and bit someone and it was deemed 'defense' of property or human then the case is generally dropped. There's BSL all over the state, though.


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## Hunter Allred (Jan 28, 2010)

No BSL in South Carolina that I'm aware of, but I know if a dog bites a human for any reason, even if its just a gnarly mistarget while playing, the hospital must legally contact AC, he gets a permanent record entry, quarintined at home, proof of health required, etc.


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## Howard Knauf (May 10, 2008)

Benjamin Richeson said:


> Dade County in Florida has BSL against any dog that looks like a pit bull. That includes boxer mixes, lab mixes, American Bulldogs, mastiff types, and many hound and bird dog mixes that are unlucky enough to have shorter ears.


 I may be wrong here but I don't believe BSL applies to "Service Dogs". Any dog that fits in the above category that is a service dog would be exempt from BSL.


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