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ElizabethM 09-13-2011 03:49 PM

Not really horse law, but maybe someone has some idea? (dog shot)
 
To make a long long story short:

Our neighbor's dog got out (again) a couple weeks ago and my husband shot it on our property in front of the dog's owner. The owner had been trying unsuccessfully to catch the dog as it ran through the neighborhood for a good while. In the past this dog has killed many of our animals (ducks and geese) and injured one of our goats. It has also come after me and other people on my property several times. It was running at my husband when he shot it. The neighbor's say the dog was only ever playing.

The dog was taken to a vet after it was shot and "did not survive surgery" according to the police report.

There is not currently a lawsuite though we expect the neighbor's to start one for the vet bills and value of the dog which they claim was a very very valuable dog.

Does anyone have any idea if you can sue for the vet bills or is it just the value of the animal?

Carleen 09-13-2011 03:51 PM

I am pretty sure, and others may know for certain, that if a loose dog is causing problems on your own property than you are at liberty to shoot it. Especially if said dog has caused previous problems.

ElizabethM 09-13-2011 04:00 PM

It is my understaidng that it is perfectly legal to shoot a dog harrasing your livestock, but but it is not legal to defend yourself or another person against the dog by shooting it. My husband has been charged with animal cruelty (standard procedure when a dog is shot in my area) though we expect the DA to drop those charges as we do have a previous police report stating the dog killed our animals and tried to attack people on our property.

bsms 09-13-2011 04:10 PM

IIRC, they can sue for both. If the dog was on your property, and you were concerned about the lives of your animals, then I doubt they will get very far.

Maryland says, " 11-505. When dog killing permitted Any person may kill any dog which he sees in the act of pursuing, attacking, wounding or killing any poultry or livestock, or attacking human beings whether or not such dog bears the proper license tag required by these provisions. There shall be no liability on such persons in damages or otherwise for such killing."

Maryland Consolidated Dog Laws

Colorado law has this:

"Any dog found running, worrying, or injuring sheep, cattle, or other livestock may be killed, and the owner or harborer of such dog shall be liable for all damages done by it."

Colorado Consolidated Dog Laws

Cowgirl07 09-13-2011 09:46 PM

In Virginia I might be wrong but you can not kill a dog over livestock it's illegal they consider it animal cruelty in Virginia I don't know about other states The best way to prevent this from happening is to tell the neighbors to keep the dogs on their property and not let them get into your property I find this story a sad one but a point maker Good Luck hope all goes well

Joe4d 09-13-2011 10:14 PM

You are wrong about Virginia, VA's law is pretty much the same as Maryland's.
3.2-6552. Dogs killing, injuring or chasing livestock or poultry

It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog.

Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate serving the locality wherein the dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be: (i) killed immediately by the animal control officer or other officer designated by the court; or (ii) removed to another state that does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed from the Commonwealth that is later found in the Commonwealth shall be ordered by a court to be killed immediately.

The recent case in Va where the man was convicted of animal cruelty for shooting the dog killing chickens. The guy used birdshot, and it was proven he was familiar with guns and ammo and knew that birdshot would not kill a dog but would only cause pain and suffering, SO perfectly legal to shoot to kill, not legal to shoot just to injure and cause pain.

bsms 09-13-2011 10:16 PM

"It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock."

LIS > Code of Virginia > 3.2-6552

bsms 09-13-2011 10:17 PM

Quote:

Originally Posted by Joe4d (Post 1172072)
...
3.2-6552. Dogs killing, injuring or chasing livestock or poultry...

Dang! You beat me to it! :-)

Joe4d 09-13-2011 10:23 PM

I feel bad for you in CO, I just checked ur laws on the matter, i dont really see anything spelling out a right to self, or livestock defense, All it says is well after the dog kills your kids and chews your leg off you can suit. Looks like some changes need to be made.

bubba13 09-13-2011 10:26 PM

If the owner was actively trying to recover the dog at the time it was shot, you may run into a problem...


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