Maulings and Mayhem: Why You May Not Be Charged for Shooting a Biting Dog

A ferocious dog attack leaves more than just physical scars. If the victim survives the attack and the dog has not killed the victim, that victim will have years of psychological trauma from the incident. If your child is attacked, and you pulled out a gun to shoot the dog to save your child, you may not be held accountable for the dog's death. Here is what any dog bite attorney may say about your particular case. 

The Dog Would Have Been Put Down Anyway

It is sad and unfortunate when a dog attacks a child. It is horrible for the child, but worse for the dog because the dog will be collected by animal control and put down. Most cities and states have laws against vicious dogs, and putting them down ensures continued safety for the rest of the community after so vicious an attack. If you shoot the dog to save your child from being mauled by the dog, your attorney can easily argue that the dog would have been put down anyway, and that you are defending your right to protect your child against a clearly dangerous and life-threatening animal.

Shooting the Dog Lessened the Damage from the Bite Wound

The sooner you can get a dog off your child, the better. The longer a ferocious dog has its teeth and jaws sunk into your child's limbs, throat, head, or body, the greater the damage. If you shoot the dog within the first thirty seconds of the attack, your child will survive and the surgery needed to repair the bite wounds will be less. While it should never be the goal to go around shooting dogs, in your situation you did something that probably saved your child's life and made the physical damage and scarring far less than what it would have been. You, as the guardian of the victim, still have the right to sue the dog's owner, even after you killed the dog to save your child. 

The Owner Can Try to Sue, but It Won't Likely to Work in Their Favor

Given the situation, the owner of the dog is going to be very upset that you killed their pet. They may try to sue you for the loss of the dog, animal cruelty, etc., but it is not likely to stick. A judge is more likely to look at your situation, your child's injuries, your medical bills for your child's dog bite wounds, ongoing psychological trauma and care, and decide in your favor. 

If you have a dog bite case on your hands, contact local law firms such as The Lombardo Law Firm.