Preventable Injuries, Disfigurement & Tragedies
(or "Please Don't Call the Cops")

B.A. Landires

The recent dog bite tragedy in Waxhaw, NC whereby little Makayla Woodard
lost her life and her grandmother suffered injuries trying to protect her
grandchild struck a nerve in my heart and brought tears to my eyes. It just
so happened that our 5-year old son, Tanner Landires, was attacked by the
neighbor's dogs in the Arlington Community of Fort Mill in July just last
year. The dogs' owner lost control of the animals that day when she opened
the door to the house and they charged out, raced down the road several
houses away, and one of them attacked my son in his own front yard while he
was playing. Thank goodness that Debra Omans, his grandmother, was nearby
and managed to disengage the dog before even more damage was done to his
little body. The first thing out of the dog owner's mouth as she followed
Debra and the screaming Tanner into his mother's home was a repeated plea
of, "Please don't call the cops." There was no concern for Tanner's wounds
or condition, just a simple "Please don't call the cops."

Little did we know that calling on law enforcement and animal control would
result in such a long journey through the legal system and a sad education
in SC Dog Laws and Ordinances. We were informed by the officers that
arrived on the scene that there was very little that they could do short of
issue the dog owners a citation for a leash law violation of $50. They
would also contact Animal Control officials so that the incident could be
documented and investigated, and that DHEC would be in touch with us
regarding the animal's rabies shot status. The officers informed the dog
owners that the offending animal would have to be quarantined and placed
under 'house arrest', even though it was the owner's inability to keep the
animal within the house in the first place that resulted in Tanner being
attacked and injured. That logical conclusion still escapes my limited
mental grasp of the situation.

Initially, we attempted to negotiate directly with the dog owners for them
to consider euthanizing the animal that was responsible for the bites in
exchange for waiving all legal and medical liability. I even went so far as
to offer to purchase the animal and take it to the shelter myself because I
felt in my heart that it was the right thing to do to prevent future
injuries to my children or anyone else. All offers were declined, and the
final response from the dog owner was that of, "That is like me asking you
to have your daughter murdered." Clearly not the mind or rationale of the
mother or father of a human child. I knew then that I would have to
continue pursuing legal matters in order to have the animal confiscated by
the authorities. When I approached the homeowner one final time with the
possibility of a civil suit, her reply was, "Whatever, that is what I pay
insurance for." Verbally shrugging off any responsibility onto that of her
insurance carrier and thereby washing her hands of the incident altogether.

Upon contacting the Animal Control Officer who was conducting the
investigation, he informed us that the dog would continue to be under house
arrest and kept under periodic evaluation. When I asked if they would take
possession of the animal and have it euthanized, he informed us that would
be an unlikely outcome if the animal had not been previously deemed a
dangerous animal. We were devastated by this tidbit which then led us on a
merry chase for additional information through the labyrinth of dog laws,
ordinances and the loopholes designed to protect the animal, not the child
that is attacked. Unknown to us, if there is not a recorded incident
whereby the same animal has previously attacked another human being, then it
is given a pass on its first attack. At best we could hope for was for the
dog that attacked our son to be declared a dangerous animal, which would
then require the owners to more carefully handle the aggressive animal.
However, to pursue this course of action required that the investigation be
passed up the chain of command to the Director of Animal Control, which we
requested. The process was a long and laborious one, but ultimately the
attacking dog was declared a dangerous animal, and this assessment was
accepted uncontested by the dog's owners. We followed the letter of the law
and secured what we thought would be the very best legal remedy that we
could. At the very least the animal that attacked Tanner Landires would be
required to be under very strict security guidelines and should never be
allowed to escape the house unmuzzled or unattended, that is, as long as the
owners of the dogs followed the requirements themselves.

Months passed, and Tanner's wounds healed, though scars remain to this day,
both of the flesh and of the mind when it comes to dogs. Fast forward to
December 13th when Anne Landires, Tanner's mother, and Tessa Landires,
Tanner's sister arrived home early one afternoon to discover those same dogs
running at large on her street. The dog owners were not home and somehow
they managed to open the front door and run loose in the neighborhood yet
again. Two of the dogs confronted Anne in the street in front of her own
home, baring teeth, barking and advancing aggressively. One of the two dogs
was the very same one deemed by Animal Control to be a dangerous animal.
Another neighbor heard the commotion and came to Anne and Tessa's aid,
chasing the dogs back into the owner's home using a large metal rod for
effect in an attempt to scare the animals. The "dangerous animal" retreated
back into the home, but the other dog refused to return into the house and
ran off into the neighborhood. Anne called the Sheriff's Department and
Animal Control as soon as she and Tessa could safely get out of her vehicle
and run into the house.

Thus began our second journey through the legal system in an attempt to
protect our children from dangerous dogs, non-complying owners and the laws
designed to hinder victims from seeking not only justice but the pursuit of
happiness and safety in our own home and yard. It took a month to have a
voice within our local judicial system. The hearing was scheduled for
today. We witnessed the Animal Control Officer coaching the defendants (and
owners of the dogs) before the hearing, and observed how the Animal Control
Officer and the dog owners received a pre-hearing audience with the Judge
deciding on the case. The Judge did provide us a voice when we were finally
invited back into the courtroom, but did not want to see the photographs of
the injuries to our child. He listened sympathetically but ultimately chose
to fine the dog owners $250 for failing to properly secure their animals,
and he released the animal back into custody of the owners, and back into
the Arlington community with hundreds of residents and potential future
victims.

Having experienced this roller coaster ride through our law enforcement and
judicial system through two inconclusive ends, it is no wonder to me that we
suffer on average 4.7 million dog bites per year as American citizens (and
these are merely the reported cases). I would be willing to bet that the
true number of dog attacks is far greater than that. As long as our
legislators are bickering over budget deficits, laws designed to protect our
youth from video game violence, and other such topics, this number of dog
bite victims will continue to grow for as long as our society and the
officials responsible for protecting us continue to turn a deaf ear to the
pleas for help and a blind eye to the facts before them.

You better believe that my heart and soul goes out to Makayla Woodard and
her family. I was so thankful to be able to kiss my son goodnight and tuck
him into bed tonight. Yes, we are the lucky ones. We still have our
beloved son. My heart goes out to all of the dog bite victims to come in
our collective future, because our entire system is designed to protect the
dogs and provide legal roadblocks for the victims.