ronburgundy
Contributor
The main solution to the problem of dangerous dogs is to charge owners with criminal assault for any attack. Owners are rarely charged with anything unless the dogs kills or severely mauls someone. More minor bites are many times more common. Thus making owners criminally and financially responsible for any and all attacks would go a long way toward reducing breeding and owning of aggressive animals and dog ownership in general, which would be a good thing. IOW, nealy all bites should lead to jail time for the owner, massive fines, and full responsibility for medical costs plus pain and suffering. All owners should be made to feel like dog ownership entails the risk of ruining their own life, if that dog ever harms someone.
Also, whether the owner took "precautions" should be largely irrelevant. Unless the biting happened as a result of an adult criminally trespassing, the precautions were by definition, recklessly insufficient to prevent an attack.
I disagree. I don't think the owner should be responsible for a provoked attack, only for unprovoked attacks.
Treat it the same as if the owner had attacked the person. Just like violent responses can be legit to an instigator, so can bites. However, the owner must show that the damage caused by the dog is a warranted level of response to the level of provocation. If it wasn't okay for the owner to have punched the provocateur in that situation, then it wan't okay for their dog to bite the person.
IOW, treat the dog as an extension of the owner. Current law is not being enforced that way. Owners get off with no penalty in most bite cases, even when the attacked person did not initiate physical aggression (thus it wasn't a form of self-defense).