WHAT IS A PIT BULL?

Author: Ronald McDermott, Associate Editor

Dogs that fall within the “Pit Bull” classification are some of the most popular dog breeds in America. [i] The breeds most referred to as “Pit Bulls” include the American Bully, Staffordshire Bull Terrier, American Staffordshire Terrier, and American Pit Bull Terrier. [ii] However, across the country, these dog owners may not be able to legally own their preferred dog depending on where they reside. [iii] Because the designation of “Pit Bull” does not apply to just one breed, some criticize pit bull-specific laws as rooted in “pure myth” and argue that “Pit Bull” itself is not a breed. [iv]

In some jurisdictions, “Pit Bulls” can fall under an inherently dangerous breed category, without having exhibited prior dangerous acts, such as attacking someone. [v] Jurisdictions that deem pit bulls inherently dangerous by nature sometimes subject Pit Bull owners to penalties beyond those of other breed owners such as “fine[s]” and jailtime, in addition to losing their dog. [vi] Furthermore, some cities and counties ban owning Pit Bulls within their jurisdiction altogether. [vii]

Black letter tort law holds owners strictly liable for the harm caused “by an animal that the owner or possessor knows or has reason to know has dangerous tendencies abnormal for the animal’s category.” [viii] Domesticated dogs and cats are not considered prima facie “abnormally dangerous.” [ix] The policy reasoning for this is that dog and cat ownership is “widespread” and confers owners with benefits, such as “essential companionship.” [x] Furthermore, these types of animals present “limited risks.” [xi] However, if an owner possesses prior knowledge that its particular dog or cat has “dangerous propensities,” then strict liability applies if the animal causes harm. [xii]

Kentucky allows its cities and counties to ban Pit Bull ownership altogether, or to find them “inherently vicious[.]” [xiii] The Kentucky statutes themselves do not ban pit bull ownership, but the state appellate courts have held that smaller jurisdictions, which do ban pit bull ownership, have the statutory authority to do so. [xiv] This means that a Kentucky citizen may or may not be able to own a pit bull, or a dog classified as a pit bull may be “inherently vicious,” depending on city or county ordinances. [xv]

Given that “Pit Bull” does not apply to one specific breed, it begs the question: How is breed-specific legislation applied? [xvi] Many people classify a pit bull by certain distinctive physical and behavioral characteristics. [xvii] One Kentucky appellate decision upheld a Bracken County ordinance that classified Pit Bulls as a dog registered as one of three specific breeds “or one which conforms to the standards of such a dog, or one which has predominant physical characteristics of such a dog.” [xviii] Unfortunately, the court did not expand on what “standards” or “predominate physical characteristics” would classify a dog as a Pit Bull.

            Different breeds sometimes share characteristics commonly associated with the Pit Bull category, but each bread does not necessarily have every characteristic. [xix] Some common characteristics include “[s]quare” heads, thick bodies, and “[s]hort coats.” [xx] Most of these breeds find their root lineage in dogs that were bred for recreational dog fighting. [xxi] That origin is commonly known, and many people view such breeds as inherently aggressive for that reason. [xxii] Furthermore, a myth exists that a pit bull has a stronger bite than other breeds, making them more dangerous. In fact, dogs viewed as pit bulls bite with a similar force as German Shepherds. [xxiii]

Ohio law used to allow jurisdictions the power to label specific breeds, including pit bulls, inherently dangerous. [xxiv] However, eleven years ago Ohio moved away from breed specific law and now treats every breed equally. Ohio law now states that dogs, regardless of breed, must have committed some known prior act for a dog to be rendered inherently dangerous by law, such as “kill[ing] or caus[ing] serious injury to any person.” [xxv]

Ohio’s move towards non-breed specific law represents a modern trend shared by other states such as California. [xxvi] These states do not have any legislation restricting pit bulls per se, but they may prohibit their jurisdictions from enacting laws that discriminate against different dog breeds or make assumptions based on a breed’s dangerous nature. [xxvii] However, many states allow breed-specific laws such as mandatory spay or neutering programs for other reasons. [xxviii] Jurisdictions that prohibit breed-specific law conform with sentiments held by some in the canine community. [xxix]

Whether someone owning a pit bull is subject to expansive liability, criminal penalty, or prohibited from ownership altogether is jurisdiction specific, down to the specific county or city of residence. [xxx] Accordingly, to fully understand their obligations and rights, dog owners worried about liability and legality of their dog ownership should consult their local and state law pertaining to pit bull ownership. [xxxi]

[i] See Jan Reisen, Most Popular Dog Breeds of 2021, American Kennel Club (Mar 15, 2022), https://www.akc.org/expert-advice/dog-breeds/most-popular-dog-breeds-of-2021/.

[ii] “Pit Bull” IS NOT A BREED, PitBullInfo.org (June 24, 2022), https://www.pitbullinfo.org/pit-bull-is-not-a-breed.html.

[iii] See Mel Lee-Smith, What States Allow Pit Bulls?, Wag Labs Inc. (11/08/2022), https://wagwalking.com/daily/what-states-allow-pit-bulls.

[iv] OodleLife, infra, note xvii.

[v] Bess v. Bracken Cty. Fiscal Court, 210 S.W.3d 177, 181 (Ky. Ct. App. 2006). In Bess, the court held that Bracken County’s “ordinance[,] which is ‘breed specific’” and imposes potential criminal penalties on Pit Bull owners, is not “inconsistent with” the Ky statute pertaining to “vicious” dogs.

[vi] See generally id.

[vii] Bess, 210 S.W.3d at 181; see also Lee-Smith, supra, note iii.

[viii] Restatement (Third) of Torts: Liability for Physical and Emotional Harm, § 23 (Am. Law Inst. 2010).

[ix] Id. at cmt. b.

[x] Id.

[xi] Id.

[xii] Id.

[xiii] Bess, 210 S.W.3d at 181.

[xiv] Bess, 210 S.W.3d at 181; see also 2022 Ky. Rev. Stat. Adv. Legis. Serv. § 258.095(7) (Lexis Nexis).

[xv] Bess, 210 S.W.3d at 181; see also 2022 Ky. Rev. Stat. Adv. Legis. Serv. § 258.095(7) (Lexis Nexis).

[xvi] See Pitbullinfo.org, supra, note ii.

[xvii] OodleLife, What States Ban Pit bulls? Pit Bull Ban and Restriction, https://www.oodlelife.com/what-states-ban-pit-bulls/, (last visted Jan. 12, 2023).

[xviii] Bess, 210 S.W.3d at 179.

[xix] OodleLife, supra, note xvii.

[xx] Id.

[xxi] Id.

[xxii] Id.

[xxiii] Id.

[xxiv] Ohio Rev. Code Ann. § 955.11(A)(6)(a) (amended Feb. 2012). Before 2012, Ohio formally deemed pit bulls as prima facie “[v]icious dogs.”   

[xxv] See id.

[xxvi] See Cal. Food & Agric. Code § 31683 (Deering 2022); see also Cal. Health & Safety. Code § 122330(b) (Deering 2022).

[xxvii] See Cal. Food & Agric. Code § 31683 (Deering 2022); see also Cal. Health & Safety. Code § 122330(b) (Deering 2022).

[xxviii] See Cal. Food & Agric. Code § 31683 (Deering 2022); see also Cal. Health & Safety. Code § 122331(a) (Deering 2022).

[xxix] See OodleLife, supra, note xvii; see also Lee-Smith, supra, note iii; see also Cal. Food & Agric. Code § 31683 (Deering 2022); see also Cal. Health & Safety. Code § 122330(b) (Deering 2022).

[xxx] See Lee-Smith, supra, note iii.

[xxxi] See Lee-Smith, supra, note iii; see also Bess, 210 S.W.3d at 179-81 (holding that a Bracken County ordinance banning Pit Bull “possession” did not contradict Ky. Rev. Stat. Adv. Legis. Serv. § 258.095(7) (Lexis Nexis)).