Context: a friend shared a FB post about a woman walking a trail with her dog off leash. Results. If you shoot him, will you be criminally charged with assault or murder? I’m sorry to begin with that preamble, but I have known two officers who refused to destroy crippled animals at traffic crashes — another officer had to come do the dark deed. aim. But unless your dog was posing an immediate threat, there was probably no legal justification for shooting her. How to Prove Lost Wages in a Personal Injury Case. Explore Thesaurus 1a. Board certified in personal injury trial law. Cruelty under civil law includes acts of torture, overworking, food/water/shelter/care deprivation, confinement, and forced animal fighting. My friend Becky had a very sweet American Eskimo dog named Pebbles who loved people and never showed signs of aggression. By using our Services or clicking I agree, you agree to our use of cookies. © law firm of aaron a. But it seems my neighbor just wants to shoot my dog. If your neighbor tells you that he is going to release his dog on you tomorrow unless you mow your yard, you cannot shoot his dog in anticipation of an attack the next day. Here again, there may be exceptions. I imagine that whether the dog is leashed will play a role, as well as whether a leash is required on the trail. The laws protect all living creatures, wild and domestic. You have no right to use deadly force against another's dog simply because it has entered your property uninvited. Shooting or Poisoning Trespassing Dogs. The court may award a pet owner punitive damages in cases where defendant behavior was excessively negligent. That means we … This man was shooting two hounds who had become too old to work any more, so he got his gun, shot them in the head and threw them in the skip. 2. Cookies help us deliver our Services. Most likely not. Civil actions – You can file a civil claim for personal injury if someone’s negligence caused your pet’s injury or death. Each court must interpret these laws in light of the facts of the case to make a just ruling. At the Law Firm of Aaron Herbert, we offer a free consultation during which we will examine the facts of your case and advise you on how best to proceed. A second dog was also killed. Synonyms and related words +-To use a gun. In fact, it is much more likely that an accidental shooting will result in serious criminal charges. A man breaking into your house with a gun should be responded to immediately with as much firepower as you can bring to bear, even if it means shooting through walls, pets and appliances. You will have to give the defendant a list of witnesses you intend to call. … Some don’t. Proving in court that there was malice or intent to hurt and/or kill the animal(s) can be difficult—especially if evidence is purely circumstantial—so in many cases, the perpetrator is never brought to justice. How you decide to end the dog's life is just as personal, if not more so. Could the intruder sue you for wounding them? The whole flock is very nervous. The dog is shaking its head, throwing you off balance and to the ground. How about for the man who shot my dog? Aggressive. Immediately report the crime to your local police, or sheriffs department. When you use your firearm outside the home, things can get awful hinky, legally speaking. He's well trained, but we recognize that he could appear threatening to someone who doesn't know him, especially with his size. Some say yes, some say no, and others say they don’t know. Florida Statute §767.03 does not change this. contact the Law Firm of Aaron A. Herbert, P.C. Press J to jump to the feed. She grabbed her pup and ran back to her car to get him to the vet, but this got me thinking (especially because my own pup was sleeping peacefully next to me as I read the post). For many Americans, pets are more than animals. Manslaughter, A.K.A. But their owners typically have recourse to sue. If your dog bites someone, your are liable for ALL medical cars, including flights, ambulances, rabies shots, and such. As another poster states, once off lease your dog potentially becomes an autonomous weapon that might attack on sight anyone or thing it encounters. You need to deworm them and vaccinate them when they are four months old Either way, this raises an important point: just because you can shoot someone legally doesn’t mean you … More posts from the legaladviceofftopic community, Continue browsing in r/legaladviceofftopic. This was way before the hunting ban etc, so I presume it was general practice and they were legally allowed to do it. An Update From Our Firm Regarding COVID-19 A Dog Attacked Your Dog. Under criminal statutes, you must prove that someone intentionally harmed the animal. Under state civil laws, pet owners may find a better opportunity for legal recourse. States each have their own laws and precedents, and some counties have their own ordinances. You may have to INSIST a report is taken, INSIST! Courts have generally found that landowners don’t have the right to kill dogs just because they’re trespassing. A pet’s personality, training, breed, health, and veterinary costs may all play a role in the total amount of compensation a pet owner requests. Press question mark to learn the rest of the keyboard shortcuts. So, what legal protection might you have if you shoot an intruder? If someone shoots your dog, can you shoot back? at gunpoint. Generally the fact that dogs are running loose is not a justification to shooting them if they are not threatening people or property. You can’t shoot him out of vengeance. As they were rounding a corner, a man was walking toward them, pulls out his gun and said "I'll shoot your dog if you don't put a leash on him" and then proceeds to shoot the dog. Shooting a dog will inevitably trigger a police review of the farmer’s suitability to continue to hold firearms. Before you know it, the dog has sunk its teeth into your lower leg, and the searing pain shoots all the way to the bottom of your foot and up to your knee. To prove a criminal charge or civil claim, the prosecution/plaintiff must provide evidence of intention and/or negligence. The post didn't have many details, but it appears to have happened in CO on a trail with a leash requirement, and she was carrying the leash in her hand at the time. However, some cases may go above and beyond normal circumstances. Call 24/7 (214) 200-4878 to speak with experienced Dallas personal injury attorneys. You will incur no attorney fees, court cost, or legal expenses unless you recover. Their dogs barked at the door. Pet owners almost never secure as much compensation as the courts award in human injury cases. My question to you is: Could you shoot your own dog? What Would You Do If a Cop Shot Your Dog? Pet legislation is complex because there are no widely accepted rules or regulations regarding pet injury or death. Police officers who lack the training to read canine body language and fail to realize that the animals pose no threat have also been known to shoot harmless dogs … One day, during a picnic at a local park, Pebbles was dozing on a blanket when a small … This is true even though you may have been violating a leash law by allowing your dog to wander onto your neighbor's property. Lots of gaps in the original story just made me curious, so your response is appreciated! Individuals may sue for medical expenses and pain and suffering. Generally, a pet owner can obtain financial compensation in a few different ways: A pet owner can file criminal charges and a civil action against an individual concurrently. A subreddit for discussions about topics related to /r/legaladvice that aren't appropriate for that forum. shoot (someone) on sight (= to shoot someone as soon as you see them): Armed officers had instructions to shoot the kidnapper on sight. Keep it on a leash. I wholeheartedly believe my first instinct would be to grab my dog and run away, much like the woman in the post. Treat the situation the same as you would if someone shot a person. Shooting a hunting dog is a crime! When to put an ailing or geriatric dog down is a very personal decision dictated by many circumstances; the over-arching of which should be the quality of life of the animal. herbert,p.c., all rights reserved I keep her on a tight leash, especially if I see an aggressive dog-smoocher coming at me, one of those people who's going to kiss your dog on the mouth no matter what you say to warn them. The prime legal protection you … Furthermore, a person cannot use the defense of necessity if he or she used force or deadly force against the animal, after the danger from the threatened harm had passed. Not saying this dude is 100% right, but why some dog owners think lease laws do not apply to them is beyond me. This means they can’t testify as to what someone told them or to rumors. What Are the Psychological Effects of Being in a Car Accident? You can certainly sue your neighbor in small claims court (if the amount of damages you’re requesting falls below the maximum allowed in small claims court). As a general rule, if a person intentionally injures a dog, they’re liable for the damages. If you required to have it on a leash. What Is the Average Time to Settle a Personal Injury Case? I’m so sorry this happened to your dog. (Discharging a firearm is considered "potentially lethal force" regardless of what the gun is loaded with or whether a shot is intended to kill.) Send subpoenas … In Texas, state criminal and civil laws exist to protect domesticated animals and previously captured wild animals. If someone's attacking your dog, you can only legally meet them with limited force, nothing that would be lethal or potentially lethal. Your dog can bite someone anywhere at any time. Most laws specifically discuss dog bites and animal cruelty, but few outline clear remedies available to pet owners who suffer a loss. So, is it legal to shoot a non threatening dog just for stepping on your property? Reach a solid conclusion on this matter before you read on — your coworkers deserve to be backed up by someone who can do what needs to be done. However, the landowners must pay … Dogs can be great companions, but they can also be unintentional weapons. Attorney Aaron A. HerbertAwards + Memberships. As part of the sentencing, the court may require the defendant to financially compensate the pet owner. Only a personal injury attorney who is familiar with pet laws in your jurisdiction can help you determine what legal action to take. You can see and feel blood running down your leg. Aaron A. Herbert has extensive experience, Board Certification in Personal Injury Trial Law (2008, Re-certified 2013), a client-centered practice focused exclusively on personal injury law, the highest possible AVVO rating, more than 50 jury verdicts, membership in the Million Dollar Advocates Forum and National Trial Lawyers Top 100 Trial Lawyers. Would stand your ground or self defense be viable defenses for returning fire? She was saved by my mixed RIR/Silkie hen when she began flogging the hawk, causing it to drop her. MY dog can't hurt them and doesn't even try to. To develop a fair case for damages, a pet owner and his or her attorney may need to determine the market value of the animal as well as the value of the pet as a companion. Thank you! I also think it is legal for farmers to shoot dogs that are found worrying their sheep, so I reckon this may be legal! Small claims actions – Small claims courts allow anyone to file an inexpensive lawsuit in negligence cases. It would ultimately come down to whether the jury felt you reasonably thought you were in danger and needed to protect yourself. Criminally Negligent Homicide . For various reasons, police sometimes shoot and kill dogs. For example, if the defendant backed over your dog, then he might not have shown sufficient care if he didn’t look in his rearview mirror. He wanted to kill the bird, but raptors are federally protected, so all he could do was chase the bird away and bury his buddy. Thanks for the reply! Even though you see your pet as a family member, the courts may not see the relationship in the same way. Domesticated pets fall into this category, but the law may not protect a stray animal, even if you took regular care of the animal. When a person unintentionally kills another, whether or not a gun was used, they can be charged with manslaughter, which is a felony. You kick with your other leg and the dog jumps back, but now begins circling and growling about 10 feet away. If a dog belonging to somewhere else enters a farmer’s land, it amounts to trespass. Animal cruelty includes acts of torture, unreasonable confinement, purposefully killing or poisoning, neglect, and knowingly injuring an animal that belongs to someone else. I live in FL (sorry), birthplace of stand your ground laws, so since this varies by state, let's say I'm in FL walking my dog on a public trail and someone shoots him. In addition to economic damages, these courts may award non-economic damages up to several thousand dollars. You probably won't see a police officer serve any jail time for shooting your dog, but you can make him or her pay for it in court. So, if a dog is about to attack you or another person, you can rely on necessity to shoot that dog. They're taking action. In some communities, it is legal for citizens to shoot dogs who are “trespassing” on private property. In other words, Florida Statute §767.03 will … Even if your dog has never shown signs of aggression, something can happen that can trigger your dog to react with his teeth. The only time that the use of deadly force against at trespassing dog or other animal is justified is when that animal is posing an immediate threat to you or your … You don’t have to wait for the dog’s teeth to sink in before necessity kicks in. For example, an Ohio statute says that it’s not illegal for landowners to kill or injure animals while trying to keep them from trespassing or while driving them away from the property. Individuals may sue for medical expenses and pain and suffering. Police and prosecutors rarely evaluate a case with this little-known defense in mind. Is it safe to assume that in the case of an off leash dog he could say he felt threatened, even if the dog is a super friendly boy, not aggressive at all, and not wandering too far ahead on the trail? A California family mourns the loss of their dog, killed by police in their own backyard. No you can not shoot back. If your dog charges a person aggressively, that person has the right to defend themselves. However, police officers have built-in legal defenses to suit. Line up your witnesses. Taking a puppy out to walk without his shots can pose a huge risk to his health. Posted in Dog Bites, Safety on January 27, 2016. The answers depend on the state you live in and on your circumstances. Context: a friend shared a FB post about a woman walking a trail with her dog off leash. In many places you have to have your dog under your direct control. One officer shot the first pit bull after he said the dog “had only moved a few inches,” perceiving the movement as a “lunge.” The injured dog ran away and hid in the basement, but the officer found the dog and shot him again. As they were rounding a corner, a man was walking toward them, pulls out his gun and said "I'll shoot your dog if you don't put a leash on him" and then proceeds to shoot the dog. Spend a little time in r/BanPitbulls and you will see why this sort of thing happens. This field is for validation purposes and should be left unchanged. Animal cruelty – If someone was cruel to your pet, you can file a criminal charge against the individual. If an attorney does not believe that a civil action would produce adequate financial compensation, he or she may recommend filing a small claims lawsuit. If your pet has been injured or killed due to someone’s negligence, here’s what you need to know. These witnesses must have relevant, personal knowledge. It will certainly not make you wealthy. Experience. In reading the post, it came across that the dog didn't charge or otherwise threaten the man who shot, but was walking next to/slightly in front of the owner, although the details were vague... Fortunately the pup in the original story survived but it's a really shitty lesson on following leash laws and responsibile dog ownership I guess, FWIW we never let our dog off leash because although we know he's friendly with humans and dogs of all sizes, he's a giant mix of almost every large dog breed you can imagine. While most defense attorneys would argue that the dogs appeared dangerous, in order for this defense to succeed, the facts would have to show that it was reasonable for the shooter to perceive the dog as a threat. For example, some states apply the castle doctrine to your car or place of business. For more information about pet injury laws in Dallas, contact the Law Firm of Aaron A. Herbert, P.C. From my reading of the original, it just seemed like there was no provocation. What Is the Difference Between Intentional Torts and Negligence? He sits each day and just watches the 5 deer that come here each day to feed. If possible do not move the dog, leave the scene or contaminate any evidence. That means the dog will come back to you, or heel on command. As a general matter, it depends if you reasonably believe that you are in serious danger and need to shoot him to defend yourself. Time to file is limited by Texas law, so call today to protect your right to the compensation you deserve. You do have the right to sue your neighbor in small claims court, but suing may not do much to relieve your anger and sorrow. Florida Statute §767.03 provides you with a “good defense” to the charges or civil suit. Civil actions – You can file a civil claim for personal injury if someone’s negligence caused your pet’s injury or death.