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Question concerning Dog law


MissingInAction

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I've been internetting this for while but cant find a direct answer.

Say I'm walking my dog on leash and some crack head attacks me.

This results in the dog causing serious injury or death to said attacking crack head.

Am I liable in any way, and more importantly will I have to put my dog down?

I ask because the homeless crack heads in my hood are getting more aggressive. One to the point of teasing my pooch.

Edited by MissingInAction
Cuz
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I've been internetting this for while but cant find a direct answer.
Say I'm walking my dog on leash and some crack head attacks me.
This results in the dog causing serious injury or death to said attacking crack head.
Am I liable in any way, and more importantly will I have to put my dog down?
I ask because the homeless crack heads in my hood are getting more aggressive. One to the point of teasing my pooch.

Did you have reason to believe your dog could be dangerous prior to the incident? Has he ever bitten someone? If not, you shouldn’t be responsible to this low life. In law school they called this the “one free bite rule”—though it’s not really a rule of law. Even if you could be liable there might be a sort of self-defense argument because your dog was protecting you. The dog could be considered an extension of you. In any event, now that you know your dog can be aggressive you may be liable for future attacks. You need to be extra careful now. My free legal advice. It’s worth the price you paid.
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7 minutes ago, HouTex said:


Did you have reason to believe your dog could be dangerous prior to the incident? Has he ever bitten someone? If not, you shouldn’t be responsible to this low life. In law school they called this the “one free bite rule”—though it’s not really a rule of law. Even if you could be liable there might be a sort of self-defense argument because your dog was protecting you. The dog could be considered an extension of you. In any event, now that you know your dog can be aggressive you may be liable for future attacks. You need to be extra careful now. My free legal advice. It’s worth the price you paid.

Accurate.  Doesn't mean you can't still be sued, which can be worse than actually losing.

Apart from your civil liability if you are sued, if the Travco authorities get wind of a dog bite case, your pooch can be declared a dangerous dog and you have to register.  https://www.austintexas.gov/page/dangerous-and-vicious-dogs  And if your dangerous dog does it again, a vicious dog that must be removed from the city limits.  But is not put down.

All of this assumes "unprovoked" bite or attack, so that's one way around it.  Proving provocation or lack thereof might be more difficult than you think.

 

Edited by TwiceHorn
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Luna isnt aggressive at all. She doesn't take shit from other dogs, but she has never out right attacked anything. Her first instinct with people is to go in for pets unless you are a crack head. She gets in between and gives a hard stare but doesn't growl or raise her hackles.

 

Do the same rules apply if someone breaks into your home, or does she get to go full Cujo in the name of home defense?

Edited by MissingInAction
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3 hours ago, BradInATX said:

Not sure about dog law but if you want to go toe to toe on bird law and see who comes out the victor, I'm your guy.

 

2 hours ago, Gene Parmesan said:

Just shoot the crackheads and don't involve your dog

This is more along the lines of what I’m thinking.

In any case, I dial 911 and tell them all about how this crackhead attacked me and my dog.

A police officer would side with you.  Crackheads aren’t high on the level of respect scale for law enforcement.

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Last year a guy hopped my back fence running from the police. He was not expecting three dogs being there to greet him. They put some holes in his legs. He hopped back up on the fence and froze and was crying like a baby when the cops came and grabbed him.

Cops thought it was hilarious he got bit. Nothing came of it. 

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On 12/29/2020 at 6:52 PM, Deej said:

Last year a guy hopped my back fence running from the police. He was not expecting three dogs being there to greet him. They put some holes in his legs. He hopped back up on the fence and froze and was crying like a baby when the cops came and grabbed him.

Cops thought it was hilarious he got bit. Nothing came of it. 

 

sounds like he fucked around and found out.

 

 

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