NY Court finds lack of authority for breed specific prejudice.

In a victory for pit bull dogs, on April 4, 2013,  the New York Supreme Court, Appellate Division, dismissed a judgment from the lower court finding a pit bull type dog dangerous by virtue of its breed.   The case is based on an incident in November 2011, when a pit bull who had a collar on, was wearing a harness and was on a leash was attacked by a German Shepherd who broke loose from its tether.  The dogs fought and both were injured. The pit bull was determined to be a “dangerous dog” and its owner was ordered to pay a portion of the shepherd's veterinary bills even though it remained leashed throughout the incident.  The pit bull's owner appealed. The upper court noted that the law defines a dangerous dogs as a dog that “without justification” attacks a person, companion animal … or domestic animal … and causes physical injury or death.”  A dog shall not be declared to be dangerous if its conduct “was justified because the dog was responding to pain or injury, or was protecting itself [or] its owner…” The Supreme Court stated "The condemnation of an individual dog in the context of a dangerous dog proceeding solely by virtue of its breed is without any legal basis. We have repeatedly held that “‘there is no persuasive authority for the proposition that a court should take judicial notice of the ferocity of any particular type or breed of domestic animal.’”  The case is titled  The People of the State of New York v. Diana Shanks.   Glickman Turley LLP can help you protect your dog from breed discrimination. Call us for a consultation: 617-399-7770.