It's a different story when it comes to government authorities. Officials often have the right to kill dogs based on what they've done in the past, as long as they follow legal procedures—including giving the owners notice and the opportunity to challenge the government's proposed action. Local animal control officers usually have the authority to pick up, impound, and even destroy dogs that are a threat because of past behavior.
And under the " dangerous-dog laws " in many states, authorities may—under certain circumstances—euthanize dogs that have been declared dangerous or vicious. Courts have generally found that landowners don't have the right to kill dogs just because they're trespassing.
Here again, there may be exceptions. For example, an Ohio statute says that it's not illegal for landowners to kill or injure animals while trying to keep them from trespassing or while driving them away from the property.
However, the landowners must pay compensation to the animals' owners, minus the amount of any damage that the trespassing dogs caused. Ohio Rev. Animal cruelty laws often specifically outlaw poisoning dogs on purpose, including putting out poison where you know a dog is likely to get into it. Most states don't make an exception for trespassing dogs, but many do exempt poisoning that's not malicious. See, for example, N. Some states, such as California, specifically allow putting out poison on your own property to control predatory dogs or other animals, as long as you've placed conspicuous signs warning about the poison Cal.
If you've killed or injured someone else's dog—or another person has hurt your pet—you might want to consult with a lawyer. An attorney specialized in animal law or personal injury law should be able to explain how local law and recent court decisions apply to your situation, as well as your legal options.
And if you're facing criminal charges for killing a dog, you'd be wise to contact a criminal defense attorney as soon as possible, in order to protect your rights. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. That would no longer be self-defense. You can only defend yourself and your family with means that are somewhat reasonable given the circumstances. The fact that the attacker was not even a human only further complicates this complex issue. Animal rights activists would argue that a dog is incapable of fully calculating the consequences of its behavior, therefore, a dog should not be subject to being shot for bad behavior.
Others might argue that because the dog is not capable of making human decisions, it should not receive the same self-defense safeguard that humans receive, meaning that deadly force should be allowed in any self-defense situation. The State of Utah is generally not extremely forgiving of dangerous animals. That general theme holds true with state laws regarding using deadly force against a dog. Utah statutes dictate that a person may shoot a dog under a variety of circumstances without being subject to criminal or civil liability.
Do I Have a Case? What Is My Case Worth? Why Do I Need a Lawyer? How Much Will a Lawyer Cost? All Case Types. Bicycle Accident. Business Interruption. Industrial Accidents. Medical Malpractice. Motorcycle Accident. Nursing Home Abuse. See our page on Stages of a Civil Trial for more information about what is likely to ensue, in that case. They may also file a complaint seeking to have your dog declared dangerous — and perhaps even to have your dog euthanized or removed to a new home out of the community.
This page is a brief overview of what to expect in that event. It is not a substitute for an attorney. An attorney can best advise you on how to protect yourself and your dog, if someone is seeking to have your dog declared dangerous.
There is no federal dangerous dog law. States will have their own dangerous dog law. Some counties and cities also have dangerous dog laws. These laws will vary as to what behavior is deemed dangerous. In some, one bite can lead to a dangerous dog determination; in others, the dog must have bitten more than once. Similarly, some jurisdictions may consider a dog dangerous if that dog has killed another animal, in others not.
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