Defense of Dog?

[paulhailes]

Can you use deadly force to defend your dog from an attacking person or dog? Assume you dog was a person in a situation where the use of deadly force was justified, could you defend your dog?

[jocat54]

Your dog should fall under your personal property, which you can defend.

[strider67]

I would think from another dog would be a no-brainer, but not sure on the 'attacking person'.

Great question...I will definitely follow this one...

[speedsix]

...here's the law on dogs attacking a dog...nothing so clear for people attacking a dog...or a dog attacking a person...we see who rates... http://www.animallaw.info/statutes/stus ... 22_013.htm" onclick="window.open(this.href);return false;

[KingofChaos]

IANAL and this is just my opinion. That being said...

PC §9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is justified in
using force against another when and to the degree the actor reason-
ably believes the force is immediately necessary to prevent or termi-
nate the other's trespass on the land or unlawful interference with the
property.
(b) A person unlawfully dispossessed of land or tangible, movable
property by another is justified in using force against the other when
and to the degree the actor reasonably believes the force is immedi-
ately necessary to reenter the land or recover the property if the actor
uses the force immediately or in fresh pursuit after the dispossession
and:
(1) the actor reasonably believes the other had no claim of right
when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force,
threat, or fraud against the actor.

Use of regular force would most definitely be justified.

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangi-
ble, movable property:
(1) if he would be justified in using force against the other under
Section 9.41; and
(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to prevent the other's imminent commission of arson, bur-
glary, robbery, aggravated robbery, theft during the nighttime, or crimi-
nal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after com-
ing burglary, robbery, aggravated robbery, or theft during the night-
e from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
other means; or
(B) the use of force other than deadly force to protect or recover
land or property would expose the actor or another to a substantial
of death or serious bodily injury.

The conjunctions here are important to notice, because they seem to be what would make your use of deadly force unjustifiable. Someone attacking your dog would definitely satisfy condition 1, and could reasonably satisfy condition 3 if you honestly felt there was nothing else you could do to protect it, or avoid bodily harm yourself. However, someone attacking your dog does not satisfy the 2nd condition. No arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime would be occurring. If the conjunction before condition 3 was "or" instead of "and" you'd be covered, but it seems clear that all three have to be met. Which isn't necessarily a bad thing. Someone attacking your dog is basically destruction of property, and I kind of like that you can't shoot someone for keying your car or throwing rocks through your window. Also, how would you know that they were attacking your dog, and that your dog wasn't attacking them? If you were there to witness the entire situation unfold, why didn't you step in sooner? And if you just walked onto the scene and your dog was actually attacking the person and you wrongly shot the person, how would you feel about yourself? Even if they were attacking your dog, how would be feel about yourself after you possibly killed another human being to protect your dog? I know we love our pets, but dogs are not people.

[speedsix]

...I'd just have to tell the judge...but it's my DOG, Judge...I think he'd understand

[VoiceofReason]

...I'd just have to tell the judge...but it's my DOG, Judge...I think he'd understand

Saw something once along the line of “My best friend ran off with my wife and dog----sure gonna to miss that dog”.

[snatchel]

If you have read "The Lone Survivor'" you will know the story of Marcus Luttrell. Anyway, after he seperated and moved back to TX, some kids shot his dog at his house, so he chased after them in his car and called the cops. I remember him saying he had a handgun when the operator asked, but Im not sure that he ever confronted the kids with lethal force. May do some research on this incident-but then again with his reputation, and in his own town Im sure he didnt get any flak for it.

[Bulldog1911]

Just my opinion.

Another dog attacking your dog, sure. But if that dog was owned by someone else, they will probably sue you for shooting their dog. So, are you willing to fight that in court?

Shooting a human to protect my dog...I could not do. I love my labs, but I do not value their life above another human. That's just me. Also, I don't think I've ever heard of someone attacking a dog for no reason. Plenty of stories about dog's attacking humans though. It would be difficult to prove to a jury that he attacked your dog and not the other way around.

IANAL

[E.Marquez]

Just my opinion.

Another dog attacking your dog, sure. But if that dog was owned by someone else, they will probably sue you for shooting their dog. So, are you willing to fight that in court?

Yes

Shooting a human to protect my dog...I could not do.

To each his own, and no disrespect stated, implied or intended to those that feel that way.

To me, my dogs bring me something that can not be had otherwise.
When I wake, no matter the visions and anger, the sorrow and frustrations of moments ago, my dogs are there, awake already, as if to say..Ya, there gone,and you cant bring um back.., But were here...we have the watch...then one will stay with me, they other moves to the door way, faces out. Not a fluke, but time and time again.

So yes...I will protect my dogs, as they protect me and the family

[VMI77]

Shooting a human to protect my dog...I could not do. I love my labs, but I do not value their life above another human.
IANAL

Really? Regardless of the "human?" Someone, say, out on parole, for rape, murder, assault, home invasion...etc? And if someone walks up to you and takes a hatchet to your dog, or clubs it over the head, or shoots it, how do you know you're not the next target?

[VMI77]

Another dog attacking your dog, sure. But if that dog was owned by someone else, they will probably sue you for shooting their dog. So, are you willing to fight that in court?
IANAL

This a rhetorical question, or are you saying you'd let another dog kill your dog so you wouldn't risk being sued?

[wrinkles]

Something similar to this happened about 5 years ago in my home town.
This guy's father in-law walked into the son-in-law's back yard and was bitten by the dog. When the father-in-law's son found out about it he went to the dog owners house to shoot the dog. The owner walked out and they started to argue. It escalated into a fist fight and the dogs' owner pulled a knife and stabbed the guy. I remember the dog owner was arrested but I don't remember how it turned out. I'm going to visit my home town this weekend I'll ask around.

[speedsix]

Just my opinion.

Another dog attacking your dog, sure. But if that dog was owned by someone else, they will probably sue you for shooting their dog. So, are you willing to fight that in court?



Shooting a human to protect my dog...I could not do. I love my labs, but I do not value their life above another human. That's just me. Also, I don't think I've ever heard of someone attacking a dog for no reason. Plenty of stories about dog's attacking humans though. It would be difficult to prove to a jury that he attacked your dog and not the other way around.

IANAL

...did you read the law I cited??? if you follow that law, you are not liable for damages to the dog you shot...

[speedsix]

Just my opinion.

Another dog attacking your dog, sure. But if that dog was owned by someone else, they will probably sue you for shooting their dog. So, are you willing to fight that in court?

Yes

Shooting a human to protect my dog...I could not do.

To each his own, and no disrespect stated, implied or intended to those that feel that way.

To me, my dogs bring me something that can not be had otherwise.
When I wake, no matter the visions and anger, the sorrow and frustrations of moments ago, my dogs are there, awake already, as if to say..Ya, there gone,and you cant bring um back.., But were here...we have the watch...then one will stay with me, they other moves to the door way, faces out. Not a fluke, but time and time again.

So yes...I will protect my dogs, as they protect me and the family

...I often tell folks "Everytime I come home, my dog stops what he's doing', runs to greet me, licks my hand, and wags his tail madly...my wife don't do NONE of that!!!"... one day she's gonna shoot me...