dog attack, lawsuit - Page 2

dog attack, lawsuit

This is a discussion on dog attack, lawsuit within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Since dogs cant shoot back and only have one weapon why not learn to fight a dog man to man err man to dog... I ...

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  1. #16
    Distinguished Member Array tangoseal's Avatar
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    Since dogs cant shoot back and only have one weapon why not learn to fight a dog man to man err man to dog...

    I was a victim of an attempted bite by a really freaking big rottie. I just swung and knocked the dogs lights clean out. He got a nip in but noting a little alcohol didn't clean up. I bit harder. He woke up with me staring at him and ran off whimpering. Ever since that dog seen me he always runs in fear when I jog by his house.

    I go running every day for workout and pass this dog and his house. I also carry a .380 while running since its light weight and strong enough to stop a dog.

    People can sue you for anything under the sun and that is actually a good thing. It is what makes a free society free, let them take that right away through some stupid tort reform and we are that much less free.

    2A RELATED: I would also bet that shooting a dog that can easily injure you and you prove no physical prowess or ability to fend off the attack with your bare knuckles then it probably will be deemed self defense and then you could counter sue for the money involved and criminally sue the owners for having a large dangerous dog off leash or not contained.

    Getting sued is not a BAD thing unless you lose.... so always win. Ive been sued and taken to court. Ive won and then sued right back and made a profit. Its a good way to make money if you are innocent of the person suing.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan


  2. #17
    Distinguished Member Array Guardian's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Interesting questions for the FL Castle Doctrine folks. Since we are allowed to defend ourselves from threats anywhere we have a legal right to be...and we are found to be innocent of any charges because of the shooting, then it is my understanding that one cannot be sued.
    Any other opinions from the FL folks?
    Same with Texas, no civil suits can come either.

    I would say as it was put, you can be sued for anything, anywhere, whether it goes to court is another story though.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

  3. #18
    Senior Member Array bps3040's Avatar
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    I was attacked by a English Mastiff. It weighed 3 or 4 lbs. less than me. Unfortunately it was before I carried. I would had it shot in a second.
    It bit me by the left of my boys...it had gone for my left hand but I had pulled it away. It then lunged at my throat , it hit me in the left shoulder
    and that saved my life. It forced me back and I put my arm down and did a backflip. It lunged while I was flipping and missed. It gave me time to
    climb up on the homeowners pool equipment. I was lucky to survive.
    Socialism: A great Idea...'til you run out of other people's money. Margaret Thatcher

    "A man without a gun is a subject, a man with a gun is a citizen."
    ~Ted Nugent

  4. #19
    Distinguished Member Array bladenbullet's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Interesting questions for the FL Castle Doctrine folks. Since we are allowed to defend ourselves from threats anywhere we have a legal right to be...and we are found to be innocent of any charges because of the shooting, then it is my understanding that one cannot be sued.
    Any other opinions from the FL folks?
    i'm on board with this...also florida statutes allow a firearm to be discharged in many normally illegal locations when used in self defense...a charging dog is call for self defense...as mentioned previously know your backstop and check your firing lanes...self defense does not give you immunity from collateral damage...

    a dog owner who states the dog was not charging to harm anyone should be smart enough to know the dog is required to be under their control and leashed...so that argument goes out the window...when a dog is latched to your neck isnt the time to try to figure out whether they are merely greeting you or trying to kill you...

    i would prefer to use pepper spray as a first defense and animal control should be contacted immediately to report the incident...i have a neighbor who has been served a citation for his dog being loose and another who grabbed his dog while it was trying to claw through my lanai screen while i waited on the other side with my 1911 and yelled for him to control his dog...we have a mutual understanding now and his dog is under control....

  5. #20
    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by bps3040 View Post
    I was attacked by a English Mastiff. It weighed 3 or 4 lbs. less than me. Unfortunately it was before I carried. I would had it shot in a second.
    It bit me by the left of my boys...it had gone for my left hand but I had pulled it away. It then lunged at my throat , it hit me in the left shoulder
    and that saved my life. It forced me back and I put my arm down and did a backflip. It lunged while I was flipping and missed. It gave me time to
    climb up on the homeowners pool equipment. I was lucky to survive.
    So you were evidently in the dogs territory, were you invited & where was the owner??
    If there are no dogs in Heaven, then when I die I want to go where they went.

    -Will Rogers

    Im a big fan of the .22LR for bear defense.
    Just shoot the guy next to you in the knee and run like heck.

  6. #21
    Senior Member Array bps3040's Avatar
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    Quote Originally Posted by ZX9RCAM View Post
    So you were evidently in the dogs territory, were you invited & where was the owner??
    I worked on the swimming pool every week. The homeowner was instructed to never let the dog out when we were in the backyard because it was so aggressive.
    I guess she did not think it was. She was in her house. She finally came out to check out why I was kicking the crap out of the side of the house.
    The dog did it again a few months later to a younger kid and they finally got rid of it.
    Socialism: A great Idea...'til you run out of other people's money. Margaret Thatcher

    "A man without a gun is a subject, a man with a gun is a citizen."
    ~Ted Nugent

  7. #22
    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by bps3040 View Post
    I worked on the swimming pool every week. The homeowner was instructed to never let the dog out when we were in the backyard because it was so aggressive.
    I guess she did not think it was. She was in her house. She finally came out to check out why I was kicking the crap out of the side of the house.
    The dog did it again a few months later to a younger kid and they finally got rid of it.
    Yikes...that sux!
    If there are no dogs in Heaven, then when I die I want to go where they went.

    -Will Rogers

    Im a big fan of the .22LR for bear defense.
    Just shoot the guy next to you in the knee and run like heck.

  8. #23
    Member Array BerettaMan's Avatar
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    Question

    jzattack, just curious as to why you chose to use a "Pit Bull" as an example in your scenario?
    "The Day We Lose The Second Amendment Will Be The Day We Start The Second Revolution"
    "I Didn't Vote For Him"!

  9. #24
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    Quote Originally Posted by retsupt99 View Post
    Interesting questions for the FL Castle Doctrine folks. Since we are allowed to defend ourselves from threats anywhere we have a legal right to be...and we are found to be innocent of any charges because of the shooting, then it is my understanding that one cannot be sued.
    Any other opinions from the FL folks?
    The law in Florida does not say you cannot be sued - it is a bar to an award if the conditions of the law are met.

    You can still end up with thousands in legal fees. The law says the other person has to pay them, but if they have no money, you're the one holding the bag....

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  10. #25
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    Quote Originally Posted by tangoseal View Post
    Getting sued is not a BAD thing unless you lose.... so always win. Ive been sued and taken to court. Ive won and then sued right back and made a profit. Its a good way to make money if you are innocent of the person suing.
    That assumes the person who brought the suit against you has something to take when you counter-sue. If they've got no money and no assets, you can easily be left holding the bag for thousands of dollars in legal fees with no way to collect them from the other party.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  11. #26
    Distinguished Member Array bladenbullet's Avatar
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    Quote Originally Posted by MattInFla View Post
    The law in Florida does not say you cannot be sued - it is a bar to an award if the conditions of the law are met.

    You can still end up with thousands in legal fees. The law says the other person has to pay them, but if they have no money, you're the one holding the bag....

    Matt
    taking down a charging dog and the owner suing you for damages is never going to see court....youll have the owner up on charges and possible jail time as leverage...the dog owner is not sitting in a good bargaining position as they have broken the law and you were protecting yourself...dont expect thousands in legal fees...expect to walk away from it in one piece...

  12. #27
    Distinguished Member Array tangoseal's Avatar
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    I would just be heartbroken if some one shot my little girl (female doberman) who was running out to lick them and nudge up against their leg...

    She is harmless so I would hope that someone would use great care and judgment before they squeeze one off or thrust a sharp metal object into your dog.

    Maybe one day I will run for state of GA congress and push a bill through making a Dog on your property regarded as a family member and human being. There for I could shoot you where you stand like the dog you are if you came on my property and shot my little dobie.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

  13. #28
    Senior Member Array Tala's Avatar
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    Quote Originally Posted by tangoseal View Post
    Maybe one day I will run for state of GA congress and push a bill through making a Dog on your property regarded as a family member and human being. There for I could shoot you where you stand like the dog you are if you came on my property and shot my little dobie.
    Our local animal control ordinance specifically states that a dog will not be considered dangerous if it bites someone who is willfully tresspassing or otherwise protecting it's owner and the owner's property. I'm not sure how other laws are, but at least someone had their head screwed on straight when they wrote up the ordinance. So long as your dog is in your own yard, house or vehicle, you should be fine.

    I WOULD like to see the ability to defind my pets ON MY OWN PROPERTY with lethal force if necessary. Legally they are the same as my washing machine, but we all know that our pets depend on us for everything - food, water, and PROTECTION. I've had some neighbor vs. pet issues, and if I came out and found him shooting or poisoning my pets I would like to legally be able to stop him by whatever means necessary.

    The OP's scenario stated that the dog was running free, without a leash. Once a dog leaves your property he loses his "right to bite" so to speak, and you have every right to defend yourself. Dogs don't understand that a person has the right to walk down a public street without getting bitten.
    If you love your dog, keep it contained.
    I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do these things to other people and I expect the same from them. -- John Wayne as John B. Books in "The Shootist"

  14. #29
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    Quote Originally Posted by retsupt99 View Post
    Interesting questions for the FL Castle Doctrine folks. Since we are allowed to defend ourselves from threats anywhere we have a legal right to be...and we are found to be innocent of any charges because of the shooting, then it is my understanding that one cannot be sued.
    Any other opinions from the FL folks?
    Agreed. Nothing in FL statutes states that the threat must be from a human. A threat is a threat.

    As for the OP being from CA, that place defies logic and you're probably screwed. A suit can be filed for any reason by anyone. A judge may toss the suit, but not likely. Too much lawyer income depends on it. Hey, that have to pay for those Porches.
    File your own suit first for "mental anguish."
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  15. #30
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    Quote Originally Posted by Bark'n View Post
    First of all, people can sue you for just about anything they wish...As a matter of fact, you could probably sue the owner for the emotional stress he caused you by not keeping control of his dog if there were any leash laws violated...
    Good point. Sue, or counter-sue!

    About 5 years ago, I was walking my recently acquired pound mutt when a Rottweiler began stalking us. I later found out the dog weighed 220 lbs. He liked people OK but didn't like other dogs. His eyes were fixed on my dog, and a low rumble was coming from his chest.

    My 65 lb mutt was determined to protect his new owner, but I managed to retreat about 30 yards - until I found a metal pipe left over from nearby construction. I took the pipe and prepared to attack. At that point, the owner came running over to say her doggie was a nice doggie and I had nothing to worry about. We were 500 feet from her property on a public road.

    I told her if she couldn't keep her dog in her yard or on a leash that I'd fill it so full of .45 holes that his corpse would whistle when the wind blew. Two days later, she had a fence built.

    Would I have been justified in pulling a gun and shooting the beast? I think so, and I think any jury would agree. I shouldn't have to wait until a 220 lb dog is gnawing on me before defending. And they can't sue for much for a dog

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