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(Omaha World Herald) Asinine Nebraska's supreme court rules that owners whose dogs are playful and cause injury are not liable for damages. "No, my pit bull was just being playful when he bit that kid's face off."   (omaha.com) divider line 219
More: Asinine, pit bull, supreme court rules, Omaha World-Herald, Lancaster County, owners, Shiloh Hobelman, Nebraska Supreme Court  
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4623 clicks; posted to Main » on 18 Dec 2009 at 3:30 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



219 Comments   (+0 »)
   

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2009-12-18 01:43:06 PM
there's no hate like pitbull hate.
 
2009-12-18 01:54:35 PM
My grandmother used to have a Boxer that injured all of us. All in play or by accident. He was just so friggin' strong! Chipped my teeth, ripped my mother's nose, broke a few of Gram's toes....
 
2009-12-18 02:04:50 PM
My aunt's Golden Retriever once nearly bit my face off in usual playful doggy tendency when it comes to very small children. Had to get stitches afterward. But, you know, pit bulls suck and whatnot.
 
2009-12-18 02:06:57 PM
Yes because I'm sure a mauling would be considered "playful" submittard.

Yeah sorry, but I fully agree with the Nebraska SC on this one.
 
2009-12-18 02:07:13 PM
BUT NOBODY LIVES IN NEBRASKA
 
2009-12-18 02:52:37 PM
I had a herding dog that used to nip my son's friends, trying to round them up. Poor dog was in the pound 3 or 4 different times and once some douchebag cop threatened to have her put down as a nuisance animal. (His problem was a lot more with me than with the dog.) The kids were all warned about her, but as soon as she scratched them, their parents went crying to the cops.

This was not a mean dog. She never drew blood. But...they're dogs. They do things, just like little kids hurt each other sometimes without meaning to.
 
2009-12-18 02:57:22 PM
tin_man: BUT NOBODY LIVES IN NEBRASKA

not since the wave of earthquakes/meteors/dogs-eating-owners from yesterday.
 
2009-12-18 03:33:48 PM
Your dog, your responsibility.
 
2009-12-18 03:34:12 PM
going to most likely get mauled for saying this but....
Pits and Rots just can't be trusted. IMO.
And, I believe that owners should be responsible for their pets actions. Otherwise, they're just wild animals right?

/you can take the breed outta the whatever
//you can't take the whatever outta the breed
///loathes idiots
 
2009-12-18 03:35:19 PM
It's the breed AND the owner.
 
2009-12-18 03:35:27 PM
Thisbymaster: Your dog, your responsibility.

totally this. Wise you are!
 
2009-12-18 03:36:26 PM
Dog owners never seem to understand that the rest of us don't like dogs all that much. I sure as hell don't like dogs enough to let them "nip" at me. Keep it on your property or on a leash and you won't have any problems from us.
 
PJ-
2009-12-18 03:36:37 PM
wingerFNG: going to most likely get mauled for saying this but....
Pits and Rots just can't be trusted. IMO.
And, I believe that owners should be responsible for their pets actions. Otherwise, they're just wild animals right?

/you can take the breed outta the whatever
//you can't take the whatever outta the breed
///loathes idiots


Yup, you are an idiot.
 
2009-12-18 03:37:33 PM
PJ-: Yup, you are an idiot.

and why is that exactly? Because I have an opinion?
Good one.
 
2009-12-18 03:37:52 PM
Every pit bull should be rounded up and destroyed. People of low class only keep them as status symbols and ignore proper handling of an already vicious by nature animal. How many stories of children being killed by these attack dogs do we need to hear?
 
2009-12-18 03:37:56 PM
On one hand, people need to be responsible for their property and pets. On the other, accidents happen. We don't need more lawsuits and lawyers and BS because some kid gets scratched or bit by a dog.
 
2009-12-18 03:38:02 PM
cryinoutloud: I had a herding dog that used to nip my son's friends, trying to round them up. Poor dog was in the pound 3 or 4 different times and once some douchebag cop threatened to have her put down as a nuisance animal. (His problem was a lot more with me than with the dog.) The kids were all warned about her, but as soon as she scratched them, their parents went crying to the cops.

This was not a mean dog. She never drew blood. But...they're dogs. They do things, just like little kids hurt each other sometimes without meaning to.


Why would you allow small children around a working animal?
 
2009-12-18 03:38:53 PM
Not a pit bull? Not a mauling? Get the h out of here!

FTA:

A Lancaster County woman, Anne Underhill, had filed a lawsuit against a friend, Shiloh Hobelman, seeking damages after Hobelman's golden retreiver ran into Underhill's knee, causing an injury that required surgery.
 
2009-12-18 03:39:18 PM
The Supreme Court of Nebraska?

That's so adorable.
 
2009-12-18 03:39:23 PM
 
PJ-
2009-12-18 03:41:04 PM
wingerFNG: PJ-: Yup, you are an idiot.

and why is that exactly? Because I have an opinion?
Good one.


No, the fact that you don't know what you are talking about. If you want to boil down the whole 'can't take the whatever out of the breed', then take a look right down to genetics. Every single dog on this planet can be traced back to wolves in eastern asia.

If you want to make assumptions about animals and what they are supposed to do, I would be the most afraid of Jack Russels. They were bred to kill anything small, so yes, babies are on that list of things to kill.

You want to know the biggest problem when it comes to animals, it's the people who want that special breed. Bull dogs have to be born by C-sec. because the chest cavity is too big to get through the birth canal of it's mother. Pugs have huge eye problems, other dogs have skin problems because of the fur.

You want to generalize, fine, but be ready to be called an idiot because of such words.
 
2009-12-18 03:42:20 PM
PJ-: wingerFNG: PJ-: Yup, you are an idiot.

and why is that exactly? Because I have an opinion?
Good one.

No, the fact that you don't know what you are talking about. If you want to boil down the whole 'can't take the whatever out of the breed', then take a look right down to genetics. Every single dog on this planet can be traced back to wolves in eastern asia.

If you want to make assumptions about animals and what they are supposed to do, I would be the most afraid of Jack Russels. They were bred to kill anything small, so yes, babies are on that list of things to kill.

You want to know the biggest problem when it comes to animals, it's the people who want that special breed. Bull dogs have to be born by C-sec. because the chest cavity is too big to get through the birth canal of it's mother. Pugs have huge eye problems, other dogs have skin problems because of the fur.

You want to generalize, fine, but be ready to be called an idiot because of such words.


touche salesman.
 
2009-12-18 03:43:11 PM
EMCGuy: On one hand, people need to be responsible for their property and pets. On the other, accidents happen. We don't need more lawsuits and lawyers and BS because some kid gets scratched or bit by a dog.

Amen....it's one thing to get mauled by a dog, it's another to have an excited dog knock you over. My ma-in-law's big ol' lab would knock you over constantly when he was young.
 
2009-12-18 03:43:23 PM
The Angry Hand of God: Gotta Love Those Playful Pups! (new window)

Wow that's farked up
 
2009-12-18 03:44:10 PM
h2oincfs: cryinoutloud: I had a herding dog that used to nip my son's friends, trying to round them up. Poor dog was in the pound 3 or 4 different times and once some douchebag cop threatened to have her put down as a nuisance animal. (His problem was a lot more with me than with the dog.) The kids were all warned about her, but as soon as she scratched them, their parents went crying to the cops.
This was not a mean dog. She never drew blood. But...they're dogs. They do things, just like little kids hurt each other sometimes without meaning to.
Why would you allow small children around a working animal?


My son's friends. Every one of them were asked not to start running and yelling around the dog because it freaked her out. And every one of them forgot.

and she was a pet. Not working. It's just a breed, you know. Just like a pit bull doesn't have to kill every other dog it sees.
 
2009-12-18 03:44:13 PM
tin_man: BUT NOBODY LIVES IN NEBRASKA

Oh, we're here eating our Runzas and Valentino's Pizza with three teeth and picking corn with our mechanical horses.

/Can't believe the number of times Nebraska has been in Fark headlines over the last few days.
//At least we're not Floridians.
 
2009-12-18 03:45:25 PM
The difference between people who live in Nebraska and those who live on the coasts is simple. Nebraskans tend to think and apply a wide range of experiences to a decision, whereas the urban dwellers tend to have far fewer life experiences to draw upon. Also a less varied experience, because really they only need to be capable of one thing, not many just to survive.

Yes, you are stupid and inexperienced if you dont grow up in Nebraska. Yoopers tend to be rather smart as well, since its like Nebraska but with trees and lakes.

/Nebraska is still the armpit of the universe
//divorce laws suck there too
//nobody lives there and dont go there yourself and infect the population with the coastie stupid
 
2009-12-18 03:45:49 PM
as usual, a lot of over-reaction.
the original case was from a dog that ran into someone, injuring her knee. not a mauling or attack.

here's how i see this case working for me: wife's annoying friend comes over, gets one of my 90lb boxers worked up, playing and wrestling around. she stands in the fighting position, and my boxer lunges and accidentally pushes her through the bay window. i get rid of someone i don't particularly like.

and we're not liable.

/wonder if i can sue her to replace the window....
 
2009-12-18 03:45:49 PM
wingerFNG: going to most likely get mauled for saying this but....
Pits and Rots just can't be trusted. IMO.
And, I believe that owners should be responsible for their pets actions. Otherwise, they're just wild animals right?

/you can take the breed outta the whatever
//you can't take the whatever outta the breed
///loathes idiots


It's a good thing no one cares about your opinion, then.
 
2009-12-18 03:45:59 PM
I know more people than dogs who need to be put down for being dangerous and or stupid... stop being all :0 about stupid people that don't know how to behave around dogs.

Yeah I like dogs more than I like you.
 
2009-12-18 03:46:15 PM
Nice headline trollmitter.

Dog in article is golden retriever.

Can't wait to see the pitbull haters frothing at the mouth in this thread.

/there are literally hundreds of things more likely to kill or injure your child, but please, keep focusing on dogs


//ZOMG PITBULLZZZ!111 eleveonone
 
2009-12-18 03:46:30 PM
EMCGuy: accidents happen. We don't need more lawsuits and lawyers and BS because some kid gets scratched or bit by a dog.

If it weren't for the dog's owner failing to control the animal, then such accidents would never occur in the first place.
 
2009-12-18 03:47:53 PM
AuCinaoaMie: The difference between people who live in Nebraska and those who live on the coasts is simple. Nebraskans tend to think and apply a wide range of experiences to a decision, whereas the urban dwellers tend to have far fewer life experiences to draw upon. Also a less varied experience, because really they only need to be capable of one thing, not many just to survive.

Yes, you are stupid and inexperienced if you dont grow up in Nebraska. Yoopers tend to be rather smart as well, since its like Nebraska but with trees and lakes.

/Nebraska is still the armpit of the universe
//divorce laws suck there too
//nobody lives there and dont go there yourself and infect the population with the coastie stupid


Uh oh, someone got a flyover state resident mad.
 
2009-12-18 03:48:14 PM
The mindless, angry stupidity of this thread is going to be so epic. It'll be like watching angry cavemen bashing their foreheads together until everyone's dead.
 
2009-12-18 03:48:26 PM
Oh great. So if your playful beast gets a little full of energy and out of control and knocks someone down, well, f it, he was just being playful.
 
2009-12-18 03:49:19 PM
for good or for awesome: Dog owners never seem to understand that the rest of us don't like dogs all that much. I sure as hell don't like dogs enough to let them "nip" at me. Keep it on your property or on a leash and you won't have any problems from us.

Very Much THIS. Dog owners around where I live love to let their dogs run at you and jump all over you. Yes, they know its playing, but to me its some unknown animal charging at me. It might be adorable to you, but it isn't to us, and that's why we don't own dogs. You take a dog out in public, you take responsibility for ensuring that it doesn't bother (or frighten or injure) other people.
 
2009-12-18 03:49:21 PM
trappedspirit: Oh great. So if your playful beast gets a little full of energy and out of control and knocks someone down, well, f it, he was just being playful.

Yeah, aren't children just the worst?
 
2009-12-18 03:49:58 PM
THX 1138: EMCGuy: accidents happen. We don't need more lawsuits and lawyers and BS because some kid gets scratched or bit by a dog.

If it weren't for the dog's owner failing to control the animal, then such accidents would never occur in the first place.


I would gladly tell you that with both my cat and my dog, there is a significant trip hazard... they run everywhere, and odds are you'll trip over them at some point if you are here. Should I be forced by law to require all my guests to sign damage waivers?
 
2009-12-18 03:50:01 PM
AuCinaoaMie: The difference between people who live in Nebraska and those who live on the coasts is simple. Nebraskans tend to think and apply a wide range of experiences to a decision, whereas the urban dwellers tend to have far fewer life experiences to draw upon. Also a less varied experience, because really they only need to be capable of one thing, not many just to survive.

Yes, you are stupid and inexperienced if you dont grow up in Nebraska. Yoopers tend to be rather smart as well, since its like Nebraska but with trees and lakes.

/Nebraska is still the armpit of the universe
//divorce laws suck there too
//nobody lives there and dont go there yourself and infect the population with the coastie stupid


HAHAHAHAHAHAHAHAHAHAHHAHAHAHAHAHAHHAHAHAHA

*gasp*

HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

*gasp*... just a sec.. *gasp*

HAHAHAHAHAHAHAHHAHAHAHAHAHAHHAHAHAHA

/Native Nebraskan
 
2009-12-18 03:50:04 PM
jmaster306: Yes because I'm sure a mauling would be considered "playful" submittard.

Yeah sorry, but I fully agree with the Nebraska SC on this one.


Exactly.
Too many idiots seem to think that any physical contact with a "vicious looking" dog must be some sort of attack. Even if it's totally accidental, or the fault of the "victim".
Glad to see responsible dog owners getting some protection.

In the meantime, this doesn't get in the way of the prosecution of dog owners in cases where there are actual attacks by a truly dangerous dog.
 
2009-12-18 03:51:22 PM
mybabysmomma: I know more people than dogs who need to be put down for being dangerous and or stupid... stop being all :0 about stupid people that don't know how to behave around dogs.

Yeah I like dogs more than I like you.


How about controlling your dogs so that they behave around people?
 
2009-12-18 03:51:38 PM
I am a huge advocate for responsible pit bull ownership. I believe they can make fantastic family pets for people who respect the breed's history and either adopt from a reputable breeder (health and behavior testing, breeding for soundness and temperament) or from a shelter that does temperament testing.

That said, they're not for everyone, and unfortunately some people who would make GREAT pittie owners are scared off by the ridiculous bullshiat people spew about bully breeds. I'm more wary for a piss-for-brains toy dog than a calm, well-trained bully - people seem to think their little dogs are exempt from training and discipline just because they're small. I vehemently disagree.

Not all dogs are created equal. As a dog owner, it is solely your responsibility to choose a breed that suits your lifestyle and level of experience. There is NO excuse for irresponsible dog ownership, and while I agree with putting aggressive dogs down, I still weep for them and the path they must have traveled to get to that point.

/Proud new owner of an American Bulldog puppy
//No, he's not a pit.
///Overcoming the breed's protective tendencies by introducing him to everyone and everything - at LEAST 100 different people during his first year.
 
2009-12-18 03:52:07 PM
wingerFNG: And, I believe that owners should be responsible for their pets actions. Otherwise, they're just wild animals right?

Dogs are just about as far from "wild animals" as it's possible for a non-human to get. They've been domesticated for thousands of years.
 
2009-12-18 03:53:34 PM
wingerFNG: going to most likely get mauled for saying this but....
Pits and Rots just can't be trusted. IMO.
And, I believe that owners should be responsible for their pets actions. Otherwise, they're just wild animals right?

/you can take the breed outta the whatever
//you can't take the whatever outta the breed
///loathes idiots


Self-loathing can be cured.
 
2009-12-18 03:54:15 PM
AuCinaoaMie: The difference between people who live in Nebraska and those who live on the coasts is simple. Nebraskans tend to think and apply a wide range of experiences to a decision, whereas the urban dwellers tend to have far fewer life experiences to draw upon. Also a less varied experience, because really they only need to be capable of one thing, not many just to survive.

Yes, you are stupid and inexperienced if you dont grow up in Nebraska. Yoopers tend to be rather smart as well, since its like Nebraska but with trees and lakes.

/Nebraska is still the armpit of the universe
//divorce laws suck there too
//nobody lives there and dont go there yourself and infect the population with the coastie stupid


And when we need your life experiences to grow some more corn, we'll get right back to you.
 
2009-12-18 03:54:21 PM
EdenLiesObscured: as usual, a lot of over-reaction.
the original case was from a dog that ran into someone, injuring her knee. not a mauling or attack.

here's how i see this case working for me: wife's annoying friend comes over, gets one of my 90lb boxers worked up, playing and wrestling around. she stands in the fighting position, and my boxer lunges and accidentally pushes her through the bay window. i get rid of someone i don't particularly like.

and we're not liable.

/wonder if i can sue her to replace the window....


FTFA:
A Lancaster County woman, Anne Underhill, had filed a lawsuit against a friend, Shiloh Hobelman, seeking damages after Hobelman's golden retreiver ran into Underhill's knee, causing an injury that required surgery.

Like the dog said "I'll go for the knee and make it look like an accident.."
 
2009-12-18 03:55:18 PM
I've got to point out that the court was obviously making a distinction between a dog accidentally running into somebody's knee and a dog biting somebody.

In most states, owners are strictly liable for damages caused by their dogs. In other words, the only thing that a plaintiff needs to prove in order to successfully sue the owner is that 1) they were injured by a dog 2) the dog was owned by the person they were suing. It doesn't matter if they provoked the dog or if the owner had trained it as an attack dog, or whatever.

Obviously, when the strict liability statutes were enacted they were enacted in anticipation of dog BITES. Nobody would argue that if the victim in this case had been bumped into by a kid running around and having fun that the victim should be able to successfully bring a lawsuit. So why should the owner of the dog be held liable for an completely unforeseeable accident caused by his dog? Apparently, the state of Nebraska feels that there isn't a real distinction between the two cases, and I happen to agree.
 
2009-12-18 03:55:30 PM
Be responsible for your goddamn pets. I don't care what species they are. Since I've moved out to the country I've hit several because they've just run right in front of the car when it was too late to even swerve around them. And there have been many more close calls. For some reason people who live in places where the houses have a little more space in between them seem to think it's okay to let their cats and dogs run around all over the place. And yes, you should be liable if your precious dog injures someone, regardless of the dog's intent. Not to say you should be sued, but come on. Don't walk over laughing at how cute it is when your large dog is jumping up on people and practically knocking them down. You wouldn't let your kids do that kind of shiat (I hope), so why this type of behavior is acceptable for a dog to do, I really don't understand.

/Used to have a hyper-friendly hyper-active dog. Wouldn't let him have contact with people until they understood what he was like. He never tried to hurt anyone, but being a large lab, he easily could accidentally.
 
2009-12-18 03:56:08 PM
Every child should be rounded up and destroyed. People of low class only keep them as status symbols and ignore proper handling of an already vicious by nature animal. How many stories of dogs being killed by these predators do we need to hear?
 
2009-12-18 03:56:41 PM
Anne Underhill, had filed a lawsuit against a friend,

With friends like that...

I can see the point of people needing to take responsibility for their dogs, but at the same time if a person is playing with your dog, and getting it riled up, isn't it THEIR responsibility to know their limits? I can't be held accountable for the stupidity of people just because I have a dog.

/if I had a dog, that is
 
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