dog attack, lawsuit

This is a discussion on dog attack, lawsuit within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; As noted above, anyone can file a lawsuit, all it takes is the filing fees and a sheet of paper. However, to what end? No ...

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Thread: dog attack, lawsuit

  1. #31
    Distinguished Member Array kapnketel's Avatar
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    As noted above, anyone can file a lawsuit, all it takes is the filing fees and a sheet of paper. However, to what end? No state recognizes a dog (or any other pet for that matter) to be anything more than a physical possession limiting its value to fair market value. You cannot recover for emotional distress, loss of companionship, etc. So, you shoot a dog worth $500, filing fees are usually $100-$200. In addition, the filer has to have you served, that costs $50 and up, depending on jurisdiction. No lawyer will take a case with no money in it so I would not worry. Lastly, your HO policy may respond to defend you anyway. Now trying to shoot a charging dog on a city street (no easy and a small target), that is a whole different discussion...
    I'd rather be lucky than good any day

    There's nothing that will change someone's moral outlook quicker than cash in large sums.

    Majority rule only works if you're also considering individual rights. Because you can't have five wolves and one sheep voting on what to have for supper.

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  3. #32
    VIP Member Array Tom G's Avatar
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    If you shoot the dog the owner might sue you but if the dog is not on a leash and is off the owners property and you are bitten you will have a good reason to sue the dogs owner. I would shoot .

  4. #33
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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
    Realisticly, what lawyer is going to take a plaintiff's case knowing that his client (by law in a justified deadly force case) is going to have to pay the expenses of both parties?
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  5. #34
    Senior Member Array EvilMonk's Avatar
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    1. Present arm for mauling and "empirical proof of attack".

    2. Knife the stupid animal in the throat.

    Sorry, but I loathe poorly trained (or well trained) dogs. Much more dangerous (and yet socially acceptable) than guns.
    That which does not kill us leaves us broken and bleeding...

    Donít mess with the guy who can barely stand up. His remaining options for self-defense don't include your survival.

    Convenire Volui Spectatus

  6. #35
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    Quote Originally Posted by OldVet View Post
    Realisticly, what lawyer is going to take a plaintiff's case knowing that his client (by law in a justified deadly force case) is going to have to pay the expenses of both parties?
    Actually, the law goes a bit beyond that - if the lawyer was aware of the facts of the case prior to filing, the lawyer is also responsible for your legal fees.

    That said, you don't need an attorney to file a lawsuit.
    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.

  7. #36
    Senior Member Array DoctorBob's Avatar
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    actual case
    There is another thread in which almost the exact thing happened: http://www.defensivecarry.com/vbulle...ng-hydroshocks

    1. anyone can sue you for anything
    2. it will cost you money and aggravation to defend against the suit (a figure of $40,000 has been mentioned for the average defense)
    3. if you win, you MIGHT be able to recover some of the expense
    4. a "reasonable and prudent" person would have to be expected to take the same action you did under the circumstances
    5. your response has to be measured to the threat (castle doctrine aside)
    6. there might be ancillary issues e.g. discharging your gun on a child playground with kids all over the place - in order to defend yourself against a 'threatened' (not yet actual) attack.

  8. #37
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    "6. there might be ancillary issues e.g. discharging your gun on a child playground with kids all over the place - in order to defend yourself against a 'threatened' (not yet actual) attack. "

    Playgrounds aren't on the FL prohibited carry list. I recently pointed out to a county attorney that the county's ordinance banning firearms in its parks was "null and void" according to state laws. He agreed. Even so, while "discharging a firearm in public" is illegal, it is allowed in defense of life. The presense of others has no bearing.

    I refuse to base the defense of my life (or others) on liabilities. If I did, I'd be living in a cave high up in the hills where no other man treads.
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  9. #38
    Distinguished Member Array bladenbullet's Avatar
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    Quote Originally Posted by OldVet View Post
    "6. there might be ancillary issues e.g. discharging your gun on a child playground with kids all over the place - in order to defend yourself against a 'threatened' (not yet actual) attack. "

    Playgrounds aren't on the FL prohibited carry list. I recently pointed out to a county attorney that the county's ordinance banning firearms in its parks was "null and void" according to state laws. He agreed. Even so, while "discharging a firearm in public" is illegal, it is allowed in defense of life. The presense of others has no bearing.

    I refuse to base the defense of my life (or others) on liabilities. If I did, I'd be living in a cave high up in the hills where no other man treads.
    well stated sir...

  10. #39
    Distinguished Member Array bladenbullet's Avatar
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    Quote Originally Posted by EvilMonk View Post
    1. Present arm for mauling and "empirical proof of attack".

    2. Knife the stupid animal in the throat.

    Sorry, but I loathe poorly trained (or well trained) dogs. Much more dangerous (and yet socially acceptable) than guns.
    not sure if youve actually witnessed or experienced an actual dog attack but the arm...unlike in the movies and tv...isnt always their plan of attack...presented or not...and once they latch on it isnt as easy as just whipping the knife out and sticking it in them...its up there with shoving your fist down their throat to choke em off...when theyre nawwing on it your body isnt quite as capable as you might think it will be....

  11. #40
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    Even if a suit was successful, how much is a dead dog worth? It is replaceable property. Plaintiff probably can't even get such a claim beyond a small claim and into a district court. I know, the plaintiff will cry about emotional distress and try to claim huge amounts for the psychological damage. Anyone remember the idiot who sued for 100K + because he alleged a tailor ruined his pants?

    Anything is possible, but realistically, it is a piece of property worth exactly what the replacement value is. Even large vet bills could be contested on the grounds that the animal should have been put down and replaced.

    Sorry if that sounds cold. I mean no offense. I own and love dogs as much as the next guy. Just trying to be frank.

    If you own a home you need home owner's insurance which will cover your liability. If you rent you need renters insurance which will cover your liability. If you neither own nor rent, well, they can't get diddly out of you. Congratulations. You are sue proof.
    That's the only advantage of being really poor.

  12. #41
    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by Hopyard View Post
    If you own a home you need home owner's insurance which will cover your liability. If you rent you need renters insurance which will cover your liability. If you neither own nor rent, well, they can't get diddly out of you. Congratulations. You are sue proof.
    That's the only advantage of being really poor.
    When you get a job your wages can be garnished.
    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.

  13. #42
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    Quote Originally Posted by ZX9RCAM View Post
    When you get a job your wages can be garnished.
    Well, we are drifting way off topic, and the best that can be said here is "perhaps" but it all depends on too many things and state specific law.

  14. #43
    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by Hopyard View Post
    Well, we are drifting way off topic, and the best that can be said here is "perhaps" but it all depends on too many things and state specific law.

    Agreed....I just had to throw that out there though...
    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.

  15. #44
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    Quote Originally Posted by Hopyard View Post
    If you own a home you need home owner's insurance which will cover your liability. If you rent you need renters insurance which will cover your liability. If you neither own nor rent, well, they can't get diddly out of you. Congratulations. You are sue proof.
    That's the only advantage of being really poor.
    Not really.
    A fellow who worked with me lost his high-paying job ($20+/hr) because he couldn't get the required security clearance. He had an un-paid judgement against him that was never collected (no assets, no funds). That's viewed as a "risk" in security circles.
    One might be "collection proof" but there's a price to pay regardless.
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  16. #45
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    I was walking through a parking lot a few years back when behind me I hear a person calling for their dog, I turn around to see a large dog running towards me. I take a firm stance and put my hand on my firearm because I don't know what this dog is going to do. The owner finally got him stopped about 20 feet from me. Turns out the dog was very friendly, but all I saw was a large dog running towards me.

    Secondly, about 5 years ago when I lived with my mother (parents divorced, still in high school) my mom was attacked by a Great Dane. I was on the third story of the apartment building, but as soon as I saw it I grabbed my firearm and flew down all three flights of stairs. She was about 50 feet from the bottom of the stairs, and by the time I got there, less than 20 seconds after I saw it, the owner had gotten the dog off and had control of him. If the owner wasn't there I would have shot the dog without hesitation. He was latched onto my moms throat and to me, that's life threatening. The dog was put down by the Humane Society and my moms injuries were not serious. It could have been far worse, but regardless, as soon as that dog attacked, he was dead by my hand or some other way.

    This second incident was in the parking area of my apartment. As far as lawsuits go, "It's better to be judged by 12 (or a judge) than carried by 6".


    "Laws can't control the lawless"

    Christian Gun Owner

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