Using Self-Defense to Avoid Dog Bite Injury Liability
Would the claim of self-defense help or hurt an individual avoid liability for dog bite injuries?
ANCHORAGE, Ala., March 5, 2018 (Newswire.com) - In a number of cases, the use of self-defense can lead to the success of the defendant. However, is this defense possible in order to avoid liability for dog bite injuries? This article by Crowson Law Group will discuss whether a defendant can use a dog for self-defense in order to avoid liability for dog bite injuries.
One article stated that “in order to answer the question of avoiding liability by using self-defense, it is important to look at the general law of self-defense as the law usually considers a dog to be a weapon. Therefore, a dog owner would have the right to use a dog for self-defense in regards to a dog bite claim or a crime or intentional tort.”
It must be noted that one of the rules of self-defense is that an individual cannot use deadly force so as to defend property damage. Therefore, if a dog owner has a trained guard dog that is capable of seriously injuring a person the dog cannot be used to defend against a possibility of property damage, for example to your car. This is also applicable to a dog that attacks someone attempting to steal property, there is a high chance that the dog’s owner will be charged with criminal assault and held liable for civil assault and battery as well as liability for dog bite injuries. Therefore, self-defense is only applicable for a dog to attack if someone was attacking the dog’s owner.
In order to answer the question of avoiding liability by using self-defense, it is important to look at the general law of self-defense as the law usually considers a dog to be a weapon. Therefore, a dog owner would have the right to use a dog for self-defense in regards to a dog bite claim or a crime or intentional tort.
One lawyer stated that “another important factor that is taken into consideration is your location. The law on self-defense in a number of states differs depending on whether you were in your home or in a public place or some other building”. With regard to self-defense in your home, many states use the Castle Doctrine. This doctrine generally states that you have the right to use force including possibly deadly force to defend yourself against an intruder in your home. Therefore, if someone breaks into your house and your dog attacks the intruder you would almost certainly not face any criminal or civil charges for any injuries that your dog impacted on the intruder. In addition, if you had reasonable belief that the intruder was going to attack or kill you it is unlikely that you would face any civil or criminal penalties if your dog killed the intruder. However, the Castle Doctrine does not apply in public. In addition, a number of states require that the dog owner has the duty to try to retreat from a threat in public before using force in self-defense.
Another important element with regards to self-defense is the level of the threat that you are facing. An individual has the right to use more force in self-defense than the level of force you think you are facing, however, not too much more force. The general rule is the greater the threat you reasonably foresee, the more force you have the legal right to use in self-defense.
If the defendant you are going up against is using self-defense as a way to avoid liability for the injuries you sustained due to a dog bite, it is important that you hire an Anchorage attorney who specializes in personal injury matters relating to dog bite cases.
About the company:
The Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters including dog bite cases. To hire an Anchorage lawyer who focuses on dog bite cases, contact Crowson Law Group today. For personal injury matters relating to car accidents follow the link: top car accident attorney near me.
Source: Crowson Law Group
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