Lab declared "not vicious" despite attacking a 3-yr-old

Miakoda

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Nampa child's parents say dog hearings unfair!

A panel in Nampa deemed the dog that mauled a 3-year-old to be legally 'not vicious.'

The city of Nampa is reviewing its vicious-animal codes in the wake of a dog attack on a 3-year-old girl who needed 17 stitches to close the wound across her face.
The parents of the girl - who live next door to the dog that bit her - want victims to have the right to challenge a decision that a dog is dangerous.

"Our No. 1 goal is that nobody else go through this," said Joe Knehans, who has been urging city officials to reconsider laws and processes since a citizen panel decided the dog that bit his daughter Aug. 27 wasn't, by legal definition, vicious.

Knehans and his wife believe the neighbor's off-leash dog that attacked their daughter, Charity, as she played in their front yard is vicious and a public threat.

The dog is a 17-month-old yellow Lab owned by Christie McDaniel, according to a report by the Nampa Police Department.

"My daughter is absolutely traumatized. We're working to get her counseling," Joe Knehans said Thursday. "She will not set foot outside my door without me holding her."

But a three-member citizen panel in Nampa determined at a vicious-dog hearing that the dog that bit Charity was not vicious.

"The panel hammered us on whether or not she (Charity) could have thrown some dirt or provoked the dog," Joe Knehans said. "There was a lack of evidence that my daughter didn't provoke the dog."

Charity's mother, Lisa Knehans, was in the front yard talking to McDaniel when the attack happened but didn't witness it.

According to the police report, neighbor Julie Watson saw Charity near the yellow Lab and the Knehans' dog, a BLACK LAB - two dogs with no history of fighting - just prior to the attack. Nothing in the report indicated that Watson saw the girl taunting or provoking the dog.

The Knehanses sought to appeal the panel's decision but were told that an appeal is not an option for bite victims. Only dog owners may appeal the decisions of vicious-dog hearings.

"We need a way for the victims to appeal the decision," said Curtis Homer, a former Nampa police chief and current member of the Nampa City Council.

Homer said he thinks it's time to update the ordinances, which he said have been in effect since the late 1980s.

Nampa Mayor Tom Dale said Homer and other members of the community will work with the city attorney to review the vicious-animal codes and procedures.

"Our job is the protection of people," Dale said.

This issue is not unique to Nampa.

The city's vicious animal codes and processes are similar to those in Boise. Both cities allow injured parties to request a vicious-dog hearing.

In Nampa, the dog's fate rests in the hands of a three-member citizen panel, which determines if the dog meets the legal definition of vicious.

But in Boise, Dr. Jeff Rosenthal, executive director of the Idaho Humane Society, presides at the vicious-dog hearings.

"It seems like every year we talk about these laws and doing something to change them," said Rosenthal, who has worked on drafting state legislation to address vicious-animal issues more widely.

He says the dog bite issues are serious enough for the parties involved that they should be adjudicated in court from the get-go.

"I'm not a big believer in these informal (vicious-dog) hearings. There's just no rules behind them. I don't feel like they protect the rights of either party," Rosenthal said.

Katy Moeller: 377-6413
 

Miakoda

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Many people were blaming the child's parents and this was my reply (crossposted here):

I'll be the first to say that although I'm a paranoid freak when it comes to keeping my eyes on Cole, there are times I must give in and blink and others when I must avert my gaze to make sure Carson is ok. If in that time Cole gets attacked and I can't say I actually "witnessed" it, that doesn't mean I left him to play in traffic all by himself while I was taking a bubble bath. Bites can literally happen in the blink of an eye. I've seen fights break out between dogs while I was staring straight at them and if you asked me what caused it, many times I just couldn't tell you.

Personally, this dog should be euthanized. If that was my child, that dog would have been dead already. If the city doesn't say so, then I'll slap a civil suit so extreme that they can either live in a box in the slum with their dog or they can euthanize the dog and keep their house.

There was a situation on my street where 2 11-yr-old boys were playing catch with a football in the street. We were all out talking when all of a sudden I saw a Doberman hauling butt down the road. That dog attacked one of the boys from behind and actually left 4 precise punctures in the child's right but cheek....it bit completely through his shirt and jeans and underwear. That same dog still lives down the street. And it's bullshit. If that had been MY dog, my dog would've been killed by the city.
 
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Squishy22

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Dont you know? It cant possibly be VICIOUS, its a LAB!!! :rolleyes:

Kicking dirt? So thats the excuse for the dog NOT being vicious. I am sure that story is not even true in the first place. Even if it were, I cannot understand why THAT would make a dog maul someone, including a little 3 year old. No question in my mind that that dog should have been PTS.
 
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#5
Good gawd...Heaven forbid a lab could ever be vicious!

Dirt, yep that's it, the dog mauled the child because she kicked dirt at it...:confused: where is the logic in that? :confused:

The dog needs to be put down. I don't understand why anyone is even questioning that. As Renee said, if that had been a bully breed the dog would have been deemed dangerous and put down without question.

A whole lot of BS if i've ever read it.
 

ihartgonzo

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#6
I am often suspicious when I hear of a 10 year-old boy getting bitten by a dog and claiming it was out of nowhere... but this is a toddler, we're talking about! A toddler who was playing in her own front yard! That's just ridiculous. In this situation, it seems as though the dog is very dangerous, not only that but he has asshats for owners.

Another point that scares me is that this dog is 17 months old! Still a puppy, especially being that he's a Lab. He has not even reached social maturity. I can only imagine what kind of danger this dog will pose when he's a fully mature adult.
 
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#7
Even if the kid had dumped a whole bucket of dirt on the dog's head, the dog should've walked away. A severe facial bite was not called for by any means.
 

Lilavati

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#8
There has to be a balance between declaring dogs dangerous no matter how minor the bite and how sketcky the situation and letting them walk for an outright attack. Yes, I'd say the dog's breed saved it. Either that or the child's mother was so unbearably awful that they found against her because of that (this happens on occasion).

I wish the breed stereotyping would end . . . its dangerous. To the dogs AND to humans . . . if I had a dollar for every mean lab I've met, I could buy a rather nice dinner.
 

Dekka

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#9
Interestingly I have met lots of nasty labs. The only dog deemed to aggressive for our local club to teach (that I know of) was a lab. Part of the issue is the owners get a lab assuming it will LOVE everyone. Cause thats what labs do :rolleyes: Then they end up with a large unsocialized dog and wonder how it happened.

I am shocked there wasn't more outcry as to the dog being off leash. I too might not have said 'Kill the dog!' But I would say the dog must NEVER be off leash, and must be muzzled in public. This is why I support Dangerous Dog laws over BSL. ANY dog breed can have individuals that are dangerous.

I feel so terrible for the child and family. What a horrifying experience.. and yes you just can't keep an eye on your child 110% of the time!
 

xpaeanx

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#10
I am shocked there wasn't more outcry as to the dog being off leash. I too might not have said 'Kill the dog!' But I would say the dog must NEVER be off leash, and must be muzzled in public. This is why I support Dangerous Dog laws over BSL. ANY dog breed can have individuals that are dangerous.
me too. Why was the dog wondering around on the GIRL'S property?! That and how much dirt could a 3 yr old possible throw? Get real!

as for the lab part. My cousin has the NASTIEST dog I have ever met, and yes it's a lab. I'm actually waiting for a someone to slap a lawsuit on him over that dog. He won't take anyone's advice and keep it contained either. I think he gets away with it bc he's handicapped so people don't say anything... but one day someone will.
 

Sweet72947

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#11
If that were my dog, you wouldn't need a dangerous dog hearing, I would've had my dog euthanized that day.

I think a dog who is a year and a half and who inflicts a bite like that certainly is dangerous. Look what has become of the lab breed because of BYB's. :(
 

BostonBanker

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Another point that scares me is that this dog is 17 months old! Still a puppy, especially being that he's a Lab. He has not even reached social maturity. I can only imagine what kind of danger this dog will pose when he's a fully mature adult.
Eeek, that was my first thought as well. Unless they do some serious, serious work with the dog, he is going to be downright scary at three.
 
M

MyHorseMyRules

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Goodness gracious. If that were Raja, she would have been put down and the media would have been all over it. I shudder to think of the damage that dog may cause when it gets older. I hope, hope, hope that the owner at the very least gets with a behaviorist and does some serious work with that dog. I also hope she keeps the dog on-leash and muzzled in public, as Dekka said.
 

Romy

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#14
Knehans and his wife believe the neighbor's off-leash dog that attacked their daughter, Charity, as she played in their front yard is vicious and a public threat.


IMHO, any dog that chooses to attack, REGARDLESS of the provocation, when it is fully capable of choosing to turn tail and remove itself from the situation, is a dangerous dog. She was a three year old for crying out loud. The fact that the dog was off leash, and on their property...holy crap. What are those stupid officials thinking? In real life I am honestly not a fan of suing...but if that had been Aurelia I would make sure that they either ended that dog's life or lost their home and been forced to live with their "not vicious" dog in their car.
 
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Goodness gracious. If that were Raja, she would have been put down and the media would have been all over it. I shudder to think of the damage that dog may cause when it gets older. I hope, hope, hope that the owner at the very least gets with a behaviorist and does some serious work with that dog. I also hope she keeps the dog on-leash and muzzled in public, as Dekka said.
And when the dog is older, and something happens . . . it will suddenly become a "pit mix" :rolleyes:
 

corgipower

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#16
Dangerous dog? Yes. Should be euthanized? Maybe, maybe not. I'm not gonna make that kind of decision over the internet. But if the dog isn't PTS, the dog's owner needs to be held to strict restrictions regarding confinement, muzzling and training. If he's unable to do so, the dog should be seized and evaluated and if possible rehomed.
 

Suzzie

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#17
Since no one saw what happened, I can see why nothing was done about it. For all we know, dog came over to snuffle the girl, she grabbed hold of his face, poked him in the eye, etc, and as a dog probably not used to toddlers, he attacked. Or maybe he's a blood crazed psychotic dog. The point is, we just don't know. None of us were there, and nobody saw what happened.
 

Sweet72947

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#18
Lots of dogs live with little kids and get poked in the face, their fur grabbed, etc. and they don't attack. I don't think its really an excuse for a dog to hurt a little girl's face so bad she needed 17 stitches. That's a lot for a little face. :(
 

corgipower

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Lots of dogs live with little kids and get poked in the face, their fur grabbed, etc. and they don't attack.
Dogs that don't live with little kids may not get the opportunity to learn to tolerate being poked and grabbed. And a lot of dogs think that a running, squealing child is prey.
 

Miakoda

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Even if the kid had dumped a whole bucket of dirt on the dog's head, the dog should've walked away. A severe facial bite was not called for by any means.
Exactly.

Kids shouldn't, by any means, be allowed to torment or harrass dogs. But the slighest gesture by a child should not result in a dog bite.

And as for the child possibly grabbing the dog's face, well the dog still bite the bejeezus out the child. There are numerous wonderful Labs & lab mixes sitting on death row right now that will die by Saturday and many of those would have not bitten the child in the same situation.

Not to mention that obviously if the dog's owners are that irrsponsible in the first place, them not having a dog is in everyone's best interests.
 

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