Appellate court decisions ::

Appellate courts across the United States have recognized the dangerousness of the pit bull breed for over 20-years. We've listed excerpts from court decisions that demonstrate this.

Toledo v. Tellings (2007)

Supreme Court of Ohio

The trial court cited the substantial evidence supporting its conclusion that pit bulls, compared to other breeds, cause a disproportionate amount of danger to people. The chief dog warden of Lucas County testified that: (1) when pit bulls attack, they are more likely to inflict severe damage to their victim than other breeds of dogs; (2) pit bulls have killed more Ohioans than any other breed of dog; (3) Toledo police officers fire their weapons in the line of duty at pit bulls more often than they fire weapons at people and all other breeds of dogs combined; (4) pit bulls are frequently shot during drug raids because pit bulls are encountered more frequently in drug raids than any other dog breed. The trial court also found that pit bulls are "found largely in urban settings where there are crowded living conditions and a large number of children present," which increases the risk of injury caused by pit bulls. The evidence presented in the trial court supports the conclusion that pit bulls pose a serious danger to the safety of citizens.

McNeely v. U.S. (2005)

District of Columbia Court of Appeals

The temperament of pit bulls, particularly their volatile capacity for hostility and violent behavior, is sufficiently well-known that these dogs are "proper subject[s] of regulatory measures adopted in the exercise of a state’s 'police power...'" [16] McIntosh v. Washington, 395 A.2d 744, 756 (D.C.1978)

The Florida Bar v. Pape (2005)

Supreme Court of Florida

We consider this a charitable set of associations that ignores the darker side of the qualities often also associated with pit bulls: malevolence, viciousness, and unpredictability ... Pit bulls have a reputation for vicious behavior that is borne of experience ... This Court would not condone an advertisement that stated that a lawyer will get results through combative and vicious tactics that will maim, scar, or harm the opposing party, conduct that would violate our Rules of Professional Conduct ... Yet this is precisely the type of unethical and unprofessional conduct that is conveyed by the image of a pit bull and the display of the 1-800-PIT-BULL phone number.

Matthews v. Amberwood (1998)

Court of Appeals of Maryland

The extreme dangerousness of this breed, as it has evolved today, is well recognized. "Pit bulls as a breed are known to be extremely aggressive and have been bred as attack animals." Giaculli v. Bright, 584 So.2d 187, 189 (Fla.App. 1991). Indeed, it has been judicially noted that pit bulls "bit[e] to kill without signal" (Starkey v. Township of Chester, 628 F. Supp. 196, 197 (E.D. Pa. 1986)), are selectively bred to have very powerful jaws, high insensitivity to pain, extreme aggressiveness, a natural tendency to refuse to terminate an attack, and a greater propensity to bite humans than other breeds … pit bull dogs represent a unique public health hazard ... [possessing] both the capacity for extraordinarily savage behavior ... [a] capacity for uniquely vicious attacks ... coupled with an unpredictable nature"

Ohio v. Anderson (1991)

Supreme Court of Ohio

there has been a dramatic rise in the number of fatalities and severe maulings caused by pit bull dogs. Unlike dogs who bite or attack merely to protect a person or his property and then retreat once the danger has passed, pit bulls besiege their victims relentlessly, until severe injury or death results … the American Kennel Club does not register pit bulls because of their unsavory tendencies. Therefore, the pit bull is not a recognized breed for the very reason that it must be regulated: it poses a grave and inordinate danger to human health and safety.

Colorado Dog Fanciers v. Denver (1991)

Supreme Court of Colorado

The trial court found that pit bull attacks, unlike attacks by other dogs, occur more often, are more severe, and are more likely to result in fatalities. The trial court also found that pit bulls tend to be stronger than other dogs, often give no warning signals before attacking, and are less willing than other dogs to retreat from an attack, even when they are in considerable pain.

Greenwood v. City of North Salt Lake (1991)

Supreme Court of Utah

pit bull breeds are known for a unique combination of strength, agility, tolerance for pain, and aggressiveness. The court also found that pit bull breeds were historically bred for fighting and killing other animals, that both Salt Lake City and North Salt Lake City have experienced a proportionately higher number of bites and attacks by these breeds than by other breeds, that Animal Control treats pit bull breeds differently than other breeds...

Giaculli v. Bright (1991)

District Court of Appeal of Florida, Fifth District

Pit bulls as a breed are known to be extremely aggressive and have been bred as attack animals ... The City of North Miami's ordinance notes that pit bulls have a greater propensity to bite humans than all other breeds, that they are extremely aggressive towards other animals and have a natural tendency to refuse to terminate an attack once it has begun.

Singer v. Cincinnati (1990)

Court of Appeals of Ohio, Hamilton County

[pit bulls] targeted by the ordinance possess inherent characteristics of aggression, strength, viciousness and unpredictability not found in other dog breeds. The evidence indicated that, unlike other breeds that retreats if they are injured in a fight or an attack, a pit bull will often bite, clamp down with its powerful jaw, and maintain its hold until separated from its victim. The evidence also indicated that the pit bull is an exceptionally strong and athletic dog which requires extraordinary measures for confinement (e.g., six-foot-high enclosed fences). Pit bulls have exceptionally strong bites and have been known to destroy sheet metal panels by ripping them apart with their teeth.

Hearn v. City of Overland (1989)

Supreme Court of Kansas

the district court found that pit bull dogs represented a unique hazard to the public safety … Pit bull dogs possess a strongly developed "kill instinct" not shared by other breeds of dogs. This testimony indicated that pit bull dogs are unique in their "savageness and unpredictability." … One witness, testifying as an expert on trauma injuries, testified that pit bull dog attacks inflicted injuries much more horrific than those in other dog attacks and were comparable, in his experience, only to those injuries inflicted in attacks by lions. The district court was also presented with a survey of 278 dog attacks indicating that a majority (54.1%) represented attacks by pit bull dogs. Of the 32 known human deaths in the United States due to dog attacks since July 1983, 23 were caused by attacks by pit bull dogs.

Vanater v. Village of South Point (1989)

United States District Court, S.D. Ohio, W.D.

Pit Bulls also possess the quality of gameness … which can be described as the propensity to catch and maul an attacked victim unrelentingly until death occurs, or as the continuing tenacity and tendency to attack repeatedly for the purpose of killing. It is clear that the unquantifiable, unpredictable aggressiveness and gameness of Pit Bulls make them uniquely dangerous … Pit Bulls have the following distinctive behavioral characteristics: a) grasping strength, b) climbing and hanging ability, c) weight pulling ability, d) a history of frenzy, which is the trait of unusual relentless ferocity or the extreme concentration on fighting and attacking, e) a history of catching, fighting, and killing instinct, f) the ability to be extremely destructive and aggressive, g) highly tolerant of pain, h) great biting strength, i) undying tenacity and courage and they are highly unpredictable … such characteristics can be latent and may appear without warning or provocation.

Garcia v. Village of Tijeras (1988)

Court of Appeals of New Mexico

the American Pit Bull Terrier breed possesses inherent characteristics of aggression, strength, viciousness and unpredictability not found in any other breeds of dog ... In a fight or attack, they are very aggressive and the most tenacious dog of any breed. They continue their attack until they are separated or their victim is destroyed. Unlike other breeds of dog that "bite and slash" in an attack, pit bulls will "bite and hold," thereby inflicting significantly more damage upon their victim … pit bulls are especially dangerous due to their unpredictability … American Pit Bull Terriers have been known to be friendly and docile at one moment, willing to sit on your lap and lick your face, and at the next moment to attack in a frenzied rage. A pit bull in the grip of such a fighting frenzy will not respond to attempts to deter its attack. Such frenzies can occur at any time and for no apparent reason … such berserk frenzies do not occur in other breeds of dog … in proportion to their population, more dog-bite incidents are caused by American Pit Bull Terriers than by other breeds … Extraordinary measures are required for confining American Pit Bull Terriers, such as a six-foot chainlink fence with an overhanging ledge to keep the dogs from jumping out, and six-inch wide, one-foot deep concrete footings around the base to keep the dogs from digging under. They have exceptionally strong bites, possibly twice the strength of bites of other dogs. They can grip cyclone fencing and tear it from its mounting, and have been known to destroy sheet metal panels by ripping them apart with their teeth.

State v. Peters (1988)

District Court of Appeal of Florida, Third District

in developing a dog for this purpose, certain traits were selected and maximized by controlled breeding, including extremely powerful jaws, a high sensitivity to pain, extreme aggressiveness towards other animals, and a natural tendency to refuse to terminate an attack once it has begun; and ... in addition to statistical evidence that Pit Bull Dogs have a greater propensity to bite humans than all other breeds, there exists overwhelming evidence in the form of individual experiences, that the Pit Bull is infinitely more dangerous once it does attack ... the Pit Bull's massive canine jaws can crush a victim with up to two thousand (2,000) pounds of pressure per square inch -- three times that of a German Shepherd or Doberman Pinscher, making the Pit Bull's jaws the strongest of any animal, per pound...

Starkey v. Township of Chester (1986)

United States District Court, E.D. Pennsylvania

The Township could reasonably determine, as it did, that Pit Bulls are dangerous. The Township's Health Officer testified that the regulation was necessary in this densely populated Township; the Pit Bull bites to kill without signal.