Can you shoot a dog if attacks you or your family?

[KBCraig]

BTW, the lady who was attacked is my cousin. She's one of the sweetest people I know and I'm not a happy man.

Thankfully she has both A) a good civil lawyer, and B) a good source of encouragement to get her CHL and always carry.

Don't sweat the comments at the news article. News comment sections tend to be bad, but TV news comments are the worst of all.

[frankie_the_yankee]

If a dog attacks me, or even a pet of mine, on the street I would shoot it with no hesitation whatsoever. To me, anything my 100 lb. German Shepard can't ward off is by definition a threat of serious bodily harm.

In my view, pit bulls are dangerous animals. If one were to wander on to my spread, I would probably shoot it on sight unless it immediately turned and ran off when it spotted me.

Legal? Don't know and don't particularly care. I don't want any damgerous animals on my property period. Pit bulls, coyotes, cougars, it's all the same. To me, it's just pest control. If my neighbors want to own pit bulls or other dangerous animals, they need to keep them confined on their own property.

I'm not paying all kinds of money in mortage payments, taxes, etc. so I can be threatened by wandering animals.

[Venus Pax]

Charles, I'm sorry your cousin is going through this. It's a shame she can't walk down the street with her dog to pick up her child.
I hope she takes this irresponsible pet-owner to court. I'm normally not in favor of suing at every turn, but unfortunately, some people have to be hit in the wallet before they learn to either control their animals or get a smaller pet that they can control.

[CompVest]

Charles, I'm very sorry for your cousin. It's tough loosing a pet, but she did the right thing. The assanine comments on the story online burned me up. I hope things work out for her. I'm a pet lover myself, but I have no use for pit bulls, and I hope they can get some satisfaction from the community.

I could care less what the breeding or lack of it a dog has. Any dog that is not properly controlled and is NOT on the owner's property and attacks someone or their pets the disposition of the animal should be at the discretion of the victim. The owner should be held accountable for all costs associated with the attack. I have zero tolerance for unprovoked dog attacks, with good reason.

Charles my heart goes out to your cousin and her family.

[LarryH]

CompVest has it right.

Some breeds have bad reputations, that should be applied to their owners, not to the dogs.

Unless you believe that the effects of mistreatment can be passed on genetically, it's not the breed.

Rottweilers have a bad rep, too, but we have friends who own Rotts that are gentle, loving dogs.

I'd hate to see someone preemptively kill a harmless pit or Rott because of their reputation.

But if any dog comes after my grand-kids, regardless of breed, if I can't stop him/her/it by other means, that dog gets a 9mm.

[tallmike]

CompVest has it right.

Some breeds have bad reputations, that should be applied to their owners, not to the dogs.

Unless you believe that the effects of mistreatment can be passed on genetically, it's not the breed.

Rottweilers have a bad rep, too, but we have friends who own Rotts that are gentle, loving dogs.

I'd hate to see someone preemptively kill a harmless pit or Rott because of their reputation.

But if any dog comes after my grand-kids, regardless of breed, if I can't stop him/her/it by other means, that dog gets a 9mm.

Dogs operate on instinct as much as thought and different breeds have special instincts bred into them.

I have seen an Australian Shepherd "herd" a group of playing kids into a small circle. Thats instinct bred into them over many generations. My retrievers love to bring back items that I throw. Also bred into them over many generations.

When you get a fighting breed of dog it comes with instincts to bite and fight. Does it bite and fight every day? Nope, but someday its instincts may override its training and when it does bad things happen.

Its largely about training and upbringing of the dog sure, but the instincts play into it as well. You cant show me a dog bred to fight and tell me its 100% gentle. Maybe 50% gentle, the 50% you trained. Its also 50% mean, thats its instinct; which can be repressed but never removed.

[dhm]

How does Section 822.13 of the Health and Safety code affect the analysis, if at all? It provides:
§ 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A
dog or coyote that is attacking, is about to attack, or has recently
attacked livestock, domestic animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on
behalf of the owner if the owner or person has knowledge of the
attack.
(b) A person who kills a dog or coyote as provided by this
section is not liable for damages to the owner, keeper, or person in
control of the dog or coyote.
(c) A person who discovers on the person's property a dog or
coyote known or suspected of having killed livestock, domestic
animals, or fowls may detain or impound the dog or coyote and return
it to its owner or deliver the dog or coyote to the local animal
control authority. The owner of the dog or coyote is liable for all
costs incurred in the capture and care of the dog or coyote and all
damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or
coyote that is known to have attacked livestock, domestic animals,
or fowls shall control the dog or coyote in a manner approved by the
local animal control authority.
(e) A person is not required to acquire a hunting license
under Section 42.002, Parks and Wildlife Code, to kill a dog or
coyote under this section.

Added by Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from Health & Safety Code § 822.033 and amended by
Acts 2003, 78th Leg., ch. 1002, § 1, eff. Sept. 1, 2003.

[seamusTX]

That's helpful if a dog attacks another animal, but not a human. Strange state of affairs.

- Jim

[Longtooths]

If a dog is actually attacking me or my family, then I am going to do whatever I need to do to stop the attack. That includes shooting a dog capable of seriously injuring or killing someone if necessary.

What the fallout would be, who knows, but I would deal with it after the incident.

IANAL, but looking at the injuries the lady sustained, I would say there was serious bodily harm incurred and it would be justified.

+1

Once again I agree with Keith

[lawrnk]

This comes up alot on here. The short answer is yes.

[Lochinvar]

Although, it will help you in your defense if the dog in question is not a Chihuahua.

[zigzag]

I fyou are in fear of your life and family 's safety in that situation, then by all means shoot the dog. Make sure it s dead as dead.

[lawrnk]

I happen to live in Sienna Plantation. I also know exactly where Chas's cousin lives and this was big news out here. If it is not one Houston Texans player causing a problem, its another in Sienna. I'd like to boot em all out. I recall last year having a heated debate on this forum about pits and rotts. Well, now Chas's cousin was attacked. I still say pits and rotts are inherently dangerous. Why is it almost always pits and rotts? Something like 90% from what I see. You can blame rap videos for the surge in popularity this last decade. And don't start that crud about "well one could argue that GUNS are inherently dangerous." If I am on a tangent, I am REALLY peeved by seeing these dogs around my little slice of Mayberry. These thugs keep bringing them in, and not watching them!

[KBCraig]

I recall last year having a heated debate on this forum about pits and rotts. Well, now Chas's cousin was attacked. I still say pits and rotts are inherently dangerous. Why is it almost always pits and rotts? Something like 90% from what I see.

What you see is mostly from the same mainstream media that makes all gun violence seem like it's coming from "assault weapons" and "high powered semi-automatic machine guns".

I've seen yellow labs identified in the news as "pit bulls". I don't pay much attention to what the news media say.

[lawrnk]

I recall last year having a heated debate on this forum about pits and rotts. Well, now Chas's cousin was attacked. I still say pits and rotts are inherently dangerous. Why is it almost always pits and rotts? Something like 90% from what I see.

What you see is mostly from the same mainstream media that makes all gun violence seem like it's coming from "assault weapons" and "high powered semi-automatic machine guns".

I've seen yellow labs identified in the news as "pit bulls". I don't pay much attention to what the news media say.

No, I see pits and rots. Not on TV. I see them in my neighborhood.