The parents of a 2-year-old boy in Alabama who died in March after being attacked by a dog while visiting a neighbor’s house have filed a wrongful death lawsuit against the dog’s owners, Melissa and Jeffrey Phillips.
Melissa Phillips surrendered to police at the Madison County Sheriff’s Office and was charged with death by dangerous dog. Her husband is facing the same charge.
A copy of the July 19 lawsuit acquired by Law&Crime on Monday alleges wrongful death and states that the boy, Mark Allen Partain, was “attacked and bitten by the defendant’s dog,” which they characterize as “vicious and dangerous,” on March 1 in New Hope, Alabama. The parents claim that the Phillips family lets their dog “roam free.”
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Jason and Kayla Partain, the boy’s parents, claim that the Phillips failed to properly contain their dog and acted recklessly and negligently.
According to local CBS affiliate WHNT, when police arrived at a home on Christian Road in New Hope after receiving a complaint about a toddler being bitten, the child had already died. The coroner confirmed the cause of death as lethal bite wounds.
Although the Partains’ lawsuit does not specify the breed, WHNT reported in March that the dog was a husky. According to Madison County Sheriff’s Office investigators, two dogs were hauled in by animal control after being suspected of being involved in the fatal attack at a neighbor’s home.
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A third dog thought to be involved in the attack on the boy was also discovered nearby. All three pets were euthanized. Two months before Partain’s death, one of the three dogs was involved in another biting incident.
Melissa and Jeffrey Phillips were not immediately available for comment on Monday.
In Alabama, Emily’s Law, which entered into force in 2018, allows dog owners to be held accountable for harmful pets.