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.
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- by srothstein
- Sun Mar 22, 2009 9:30 pm
- Forum: General Texas CHL Discussion
- Topic: My Dog attacked by Pitbull while wearing my CCW
- Replies: 118
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