Laws Don’t Provide A Clear Line Of Defense Against Vicious Dogs

Dogs have long been called “man’s best friend,” and to most who own them, they are as precious as any member of the family.

Dogs are attributed to be almost human-like in their devotion and intelligence, and even given to heroism.

Yet, for every story about a dog who performed a heroic act, there are also very real incidents where dogs have attacked, even the people who love them.

When is it legal to take down someone else’s dangerous dog?

Generally, the law allows that a person can kill or wound a dog when it is in attack mode and there will be no penalty, if there was no other option.

Apparently at the time of the action, the threat from the dog must be lethal, with the potential for harm or death, and immediate.

According to Kenneth M. Phillips, author of Dog Bite Law, “The requirement of an immediate threat means it is not lawful to kill a dog because it did something in the past or might do something in the future.

“The law of self-defense permits aggression only for the purpose of meeting aggression. It does not permit revenge killing.”

He cites a ruling (State v. Smith (1911) 156 N.C. 628, 72 S.E. 321.), which stated, “It is not the dog’s predatory habits, nor his past transgressions, nor his reputation, however bad, but the doctrine of self-defense, whether of person or property, that gives the right to kill.”

Fortunately for farmers, they have the right to destroy dogs that have come onto their property and are stalking or attacking their farm animals (thus, their livelihood).

The only caveat is that the method of killing must be lawful.

In places where possession of a concealed or unconcealed firearm or knife is prohibited or severely regulated, using a gun or knife might be impossible (or at least unadvisable), stated the article.

Phillips warns of criminal cases against persons who shot a vicious dog in self-defense, but were prosecuted for breaking such laws as animal cruelty, discharge of a firearm within city limits, illegal possession of a concealed weapon or possession of an illegal weapon.

Among the cases Phillips lists, is one where a police officer shot a dog which was killing HIS dog in HIS driveway, a wheelchair-bound veteran who shot the pit bull that had ripped the wheel off his wheelchair the day before (and was lunging at him when he shot it), and a man who shot a dog that had bit his three-year-old daughter’s face a year before and which, (right before the shooting), had come into his backyard and chased his kids into the house.

Laws, as they currently exist, would seem to favor the dog.

It must be remembered that it is never a good idea for an unarmed individual to engage a vicious dog in combat.

Therefore, it has been suggested that the only alternative, (with existing laws) to protect oneself from a legal battle may be to combat the dog using a fire extinguisher (if you happen to have one on hand during the attack, of course).

It won’t destroy the dog, but if administered directly it will deter him. If not, “Beware of mad dog.”