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by Right2Carry
Mon Mar 23, 2009 9:25 pm
Forum: General Texas CHL Discussion
Topic: My Dog attacked by Pitbull while wearing my CCW
Replies: 118
Views: 14041

Re: My Dog attacked by Pitbull while wearing my CCW

fickman wrote:I'm not dog-piling here, :tiphat: but I thought I'd offer my opinion, too.

It could have been very bad if you had pulled a firearm. It all depends on the witness accounts, the DA, and the grand jury, but you could have been charged. In a civil suit, I think you would have lost. As somebody else said, in the heat of the moment, you could have been shot - and it might have been viewed as justifiable self-defense from the other guy's perspective when he told his point of view to the investigators.

In Fort Worth, you can't even chain a dog in a front yard if it's not fenced. Dogs have to be in a fence, in your house, or on a leash controlled by the owner. Just like you couldn't know their dog's intention, they (or their dog) couldn't know yours or your dogs. Your party was the aggressor, they were defensive. That's how almost any jury would find it after hearing both sides. You might get a few points by vilifying the breed, but I doubt it would overcome the rest of the evidence.

By the way, I'm not innocent here, either. Our dog rarely goes out the front door, but she did sneak past a family member coming to visit the other day when she saw a jogger pass on the sidewalk. She's an 80 lb. weimaraner. . . so we know she's playful, loving, and non-aggressive, but that jogger sure was scared. My dog wagged her tail and jumped to kiss the jogger on the face a couple of times before listening to my "come" command and returning. If he'd had an aggressive dog and that chose to attack mine, I would've had to accept the responsibility.

I'll also echo the guys who are saying that they never allow their dog to mingle with others on the street - whether leashed or not. If you've ever dealt with Parvo, distemper, ear infections, or even kennel-cough, you'll know why. Regardless of the chances of a fight breaking out, there are a lot of nasty diseases that can be spread from dogs touching noses. You don't have that other dog's shot records.

When I walk my dog and come across another walker / jogger, I immediately shorten the leash in my hand to about 18". Then one of us will either stop in the grass while the other ones passes, pass in the grass (staying to your own right), go in the street, or cross to the other side of the street. This has almost always happened automatically without any of us having to negotiate what to do. It seems like most people in my neighborhood tacitly agree with me.

If one or more parties are jogging, they'll just give a head nod or a wave. If all parties are walking, we might chat for a few seconds, but never let the dogs reach each other. I use it as a chance to teach my dog to sit at my side an wait for a "heal" command. She's not supposed to break the "sit" until I tell her to do so.
Well stated! :smash: :tiphat:
by Right2Carry
Sun Mar 22, 2009 10:29 pm
Forum: General Texas CHL Discussion
Topic: My Dog attacked by Pitbull while wearing my CCW
Replies: 118
Views: 14041

Re: My Dog attacked by Pitbull while wearing my CCW

srothstein wrote:I think everyone in the thread so far, including Doug, has agreed that he is at least partly at fault for his dog not being leashed. I am not clear where the attack occurred, so I am not sure how much this really makes a difference in the case. If the dog was unleashed on his front lawn and the other dog was being walked in the neighborhood on a leash it might be different from if they were at a park and one dog was leashed and the other was not. I do recommend always having the dog leashed if it is not inside the house, but unleashed in your own yard is different from unleashed in a park, at least to me.

And Doug, I want to point out that you made some statements in your post that indicate how angry you still were about the incident. Well, emotionally invested maybe instead of angry. The statements like calling the pit a "large fighting dog" are what I mean. The dog may never have been taught to fight or may indeed be a true fighter. We don't know about that part. I know some pits that are as gentle as can be since they were raised that way. Take a little time and then come back to this and look at the thread from an outsider's point of view. It may help you understand the other posts a little better.

And finally, I just wanted to point out section Sec. 822.013 of the Health and Safety Code. As you can see below, it clearly would have allowed you to shoot the pit.

DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A dog or coyote that is attacking, is about to attack, or has recently attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the owner or person has knowledge of the attack.

So, I think the two cops you talked to were both correct and gave you good advice. You could have shot the pit but you still would have been civilly liable for any missed shots and where they went. In this case, not shooting might have been a good idea. It worked out as best as could be expected, anyway.

I can't agree with this interpretation of the law. Doug's dog was clearly unleashed and in violation of the law. The other dog sees what appears to be a hostile dog approaching and decides to protect itself and it's owner. As long as the other dog was on a leash, Doug was in the wrong and if he had shot the pit bull I think he would be liable. I believe most leash laws state that if the dog is not in a fenced in area they must be on a leash regardless of whether they are on their own property or not. If the dog is in the front yard and it's not fenced, it must be on a leash at least in my city anyway, YMMV.

I don't think the code would apply in Doug's situation since his dog was the aggressor whether he wants to believe that or not.

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