California Courts of Appeal Opinions
The case above does mention that the litigant believed her dog or dogs could not be properly identified as “pitbull” since there is no actual breed of dog. In order to decide the case, we imagine the association’s rule would be examined, and the definition of the word pitbull would be determined. Since DNA testing for animals is not considered forensically 100% accurate, especially as to “pitbull” types, and in many cases, it is not even possible to do; therefore, the evidence on that issue may be non-obtainable.
In case some are not aware, there is no generic “pitbull” breed of dog. Pitbull may mean to refer to any number of alleged bully type dog, but each actual bully type has already been standardized over the course of history, and then plausibly expanded by creating new types, such as low slung bulldog types used mainly just for show. Research on the subject, especially with many books out there……………..is made more difficult by animal rights, who believe the dogs are “what you make them” or “how you raise them.”
It has been the mixing down of actual APBT dogs (resulting in curs) that often create animals which act unpredictably.
It appears in many cases that mixing APBT with larger guardian dogs tends to result in both bad temperament and unpredictability, but this is not a proven fact, just something that has been noted from having done rescue of animals, and in working with people who know breeding. Many dogs which are held responsible for killing people have unknown backgrounds but to some people, they may resemble the “pitbull” look because they have a blocky head, short fur, etc.
An actual purebred APBT which has been breed correctly for BREED standard– should be, and would be, a game dog, and therefore will be animal aggressive, quite predictably. It should NOT be human aggressive. This trait, of being animal aggressive historically, which was purposely bred for, is not considered a fault in the breed, but is an accepted trait inherent to the breed (to be animal aggressive..) On the other hand, dogs such as American Staffordshire Terriers (currently an AKC recognized breed) may not have this tendency; the AKC does not recognize APBTs.