Charges May Be Filed In Pit Bull Attack

The attack last Friday of a young Diana boy by a pit bull may lead to criminal charges.

Sources in the Upshur Sheriff's Department confirm that a case has been submitted to the District Attorney's office.

Gilmer --- Lt. Gary Roberts, who heads the Patrol Division of the Upshur Sheriff's Department, said the dog involved in the attack had been confiscated, and is currently quarantined at Spencer's Veterinary Clinic in Gilmer. The dog will be observed for 10 days for symptoms of rabies or other illness.

Lt. Roberts said the department had assembled and submitted the case to the District Attorney's office.

D.A. Billy Byrd said today he had not reviewed the case, and could not comment on a ongoing investigation. He did, however, say that if charges are filed, they could be either felony or misdemeanor charges, depending on the factors of the case.

According to the website DOG BITE LAW, Texas led the nation in the number of fatalities attributed to dog attacks in 2007. The site also quotes some other interesting statistics:

The most recent official survey, conducted more than a decade ago, determined there were 4.7 million dog bite victims annually in the USA. A more recent study showed that 1,000 Americans per day are treated in emergency rooms as a result of dog bites. In 2007 there were 32 fatal dog attacks in the USA. Most of the victims who receive medical attention are children, half of whom are bitten in the face. Dog bite losses exceed $1 billion per year, with over $300 million paid by homeowners insurance.

The site also notes that Texas is a "One Bite State", saying

A "one-bite state" (also referred to as a "one free bite" state) adheres to the ancient "one-bite rule." This rule acts as both a shield and a sword, in that it shields dog owners from liability for some dog bites, while it imposes liability (acts like a sword) for other dog bites. Specifically, it provides that:

* The dog owner (and everyone else who is connected with the dog) is protected from liability as to the first injury caused by the dog, unless liability can be based upon other grounds.

* The dog owner, harborers and keepers will be held strictly liable for dog bites and other harm caused by a known dangerous propensity of the dog. For example, if the dog previously bit someone, and the owner knew about it, then the owner will be responsible every time the dog bites anyone else. Liability results from keeping a dog that was known to hurt people. The key to this type of liability is knowledge