If you or a family member is being attacked by a dog, your first response may be to pull the dog off you or your loved one and flee. However, that may not work, and you could be afraid the dog is going to inflict life-threatening injuries. Can you pull out your gun and shoot the dog in self- defense?
When Deadly Force Is Allowed in a Dog Attack
Unfortunately, the law is not crystal clear on when a person can shoot a dog in self-defense. Florida law does permit the shooting of a dog that has or is killing a domestic animal or livestock, but does not provide for situations when a dog is attacking a person. Determining when deadly force against an attacking dog would be justified would depend on the facts of the case. Factors that could influence whether using a gun would be allowed include:
- Whether your negligence contributed to the dog attack
- Whether you were trespassing on another person’s property when the dog attacked you
- Whether you first tried to use other appropriate measures to escape the dog
- Whether you or a family member was in immediate danger of serious injury or death
- Whether you shot the dog during the attack or when the dog was retreating
- Whether the dog has bitten other people in the past
- Whether a reasonable person would have shot the dog
If you were not justified in shooting the dog, you may face criminal charges. However, you could still hold the dog owner responsible for compensating you for your injuries if his dog bit you or a loved one. If you or a family member were attacked by a dog, call our experienced legal team at (727) 345-4566 to schedule a free consultation to learn how we can help you.