If in defending you outside your home, your dog hurts someone - can you/the dog be held accountable?

Question

another post got me thinking tonight. I have wondered about this ever since a drunk harrassed and groped me months ago and my dog ( an English Mastiff) went very territorial/barked his head off and growled. He was worked up for minutes which is very unlike him and I know he would have gone after the guy had he not been tethered to something. He is an absolute love of a dog, not aggressive in the least but I am sure that if someone tried to do something to me he would protect me. So, what if he truly hurt or killed someone in defending me because of his size and we were just in an alley or on a street in the city where we live? Would his family have a right to sue me for wrongful death? Would it not be my word against the word of the bad guy? Would my precious mastiff be put down? I do and can control him but if I am being attacked and he goes after them, I wont be in a position to control him, right?
Serious answers only.

so what stats would I need on my attacked to convince a judge or jury that he was attacking me and wasnt just walking by us when my dog went loony? If I have no real marks on me would I need to show a rap sheet for the other person a mile long? Say my dog is up on his shots, has a good canine citizen award from training classes, I run a mastiff meetup group with 110 members, and am known all around as an excellent dog owner, all shots up to date.
The dog protects me and still gets put down because we arent in the home? I assume he could attack ( just as I have to right to) if we were in the home?

this didnt happen. it ALMOST did. I had the dog tethered at the time. My kid was with me and the guy started moving toward me, was trashed, put his hands on me and was threatening me out of NOWHERE. the dog, TETHERED ( because I was getting ready to go in a store for a soda)went nuts. I calmed him, called the police and left as they got there because I had a freaked out nine year old with me. It was only 7PM. Yes he was reported. But I am wondering if it happens again, maybe not even with the same person. Just wondering.

this didnt happen. it ALMOST did. I had the dog tethered at the time. My kid was with me and the guy started moving toward me, was trashed, put his hands on me and was threatening me out of NOWHERE. the dog, TETHERED ( because I was getting ready to go in a store for a soda)went nuts. I calmed him, called the police and left as they got there because I had a freaked out nine year old with me. It was only 7PM. Yes he was reported. But I am wondering if it happens again, maybe not even with the same person. Just wondering.

a release word is a brilliant BRILLIANT idea. He just turned 15 months and is 160 lbs so even a grown man would need a word and wouldnt stand a chance physically restraining him. He is the sweetest gentlest dog I have ever known and we would do anything for him. I suspect he feels the same way about us. He was more protective of me for about 2 days after the incident but I did corrective training and now he is waggy and trusting again. will work on a release word. Thanks for your advice...

Answer 1

I just want to thank of you for your kindness in answering this question. Wow.

If you were being attacked by a drunk, and he was groping you, I suspect you and you puppy would be safe. Of course call the police, let them know what happened. If you had your dog on a leash, and someone, drunk started groping you, I again think you are good to go. Now, you might want to get your dog some training so there is a release word that would get him to relent. As to the law, the tort law always had the second bite rule. If your dog never bit before, how were you to know? Second time around, then its trouble. Hope this helps.

Answer 2

You are entitled to defend yourself with reasonable force under the circumstances. Your dog would be similar to a baseball bat, a gun or other weapon. The question would be whether the dog's response and the result was reasonable under the circumstances.

So, if your dog growls and corners a purse snatcher while you call the police on your cell phone, no problem. But if you cannot control your dog and he rips the throat out of a purse snatcher, big problem.

Other than that, there's no answer to give you that will cover all of the things you bring up. These are just more circumstances to be considered to determine whether your defense was reasonable.

Answer 3

Hard to say.Depends on how much money the victims family had.
If you can PROVE you were being attacked by someone and that the dog had NO history of ever attacking anyone, then your case would probably be good, however in OUR courts its best to go with the most expensive lawyer money can buy with truck loads of cash to back you up, otherwise youll end up screwed more than likely with out liberal judges.

Answer 4

i think of you will have "shopped around" and located a greater perfect breeder to initiate with. How plenty did you be attentive to approximately this breeder in the previous you purchased the pup? I definitely have offered doggies interior the previous with out viewing the puppies, etc, besides the undeniable fact that, the breeders have all come fairly cautioned by potential of the breed membership, different breeders that i in my opinion be attentive to, etc. I definitely have not been upset with any of the canine - 3 it entire. it quite is often greater suitable to definitely view the doggies and kennels, besides the undeniable fact that, by remoteness of the place i develop into living at that factor, this develop into impossible. i could be hectic that she met you 0.5 way with the pup. For me, that exhibits that she had something to cover. in case you had a complete wellbeing assure with the pup and you gets your Vet to point that the domestic dog has "an inherent difficulty, a chemical inbalance", you will possibly be fortunate and have the skill to return the pup and get your money decrease back. it definitely relies upon on the calibre of the breeder you purchased the pup from. sturdy success. Edit: It sounds very very comparable to you have offered the pup from an exceedingly undesirable and unethical breeder. it quite is extremely complication-free to make an internet site seem eye-catching. in actuality i think of that the greater attempt that has long previous into prettying up the internet website and the canine's photos the greater dodgy the kennel probable is. a sturdy breeder would not choose each and every of the "ribbons and lace" to make their high quality canine seem sturdy. i think of which you would be caught with the pup with out any recourse. the only out which you are going to have is that in case you may placed the pup down by its aggression, you are able to argue, which comprise your Vet's help that it had a genetic difficulty and, if interior the wellbeing assure, you will get your money decrease back. it is your call, do you have the supplies and help to objective to help this pup, and could there be any risk of a favorable bring about case you do pass this sort (chemical imbalance might advise that their isn't something you're able to do to help this pup)? Euthanasia must be the main humane option for the two your pup and you. possibly you ought to touch the English Mastiff rescue (if one exists) and enlist their help for innovations or behavioural trainig.

Answer 5

I think if you are being attacked in your yard and had signs of being attacked then i don't think anything would happen, or in any situation involving you getting attacked and could show and prove it then I don't believe there would be a big problem, that's why we have big dogs to protect us when we can't.

Answer 6

*I'm assuming that you town has a leash law? If he was on a leash at the time of the attack and you had some sign of it. [bruises,torn clothing,etc.] and you can prove you can control your dog,you have nothing to worry about.
You didn't happen to report it to the police did you? If you did that would be in your favor.

Answer 7

If you let go of the leash because you are being attacked, then I don't see how you can be held responsible. But as you say, it would be your word against their's. Sorry I can't be more help.

Answer 8

Me thinks yes, your beloved pooch would be in deep dodo, but there are many instances where the police will look the other way. me thinks this would be one, especially if your dog was current with shots and his license

Answer 9

the government believes your dog is a vicious killer and it would be put down, just like the pitbulls. :(

Answer 10

Good politics and government question. Got any more?