By OBBM Network Editorial Staff

Derived from an episode of Armed Attorneys.

You’re walking up to your front door when you notice a stranger lurking around your yard. Your dog, sensing your unease, stands its ground and defends you against the potential threat. But what happens if your dog bites the trespasser? Are you responsible for your dog’s actions? These are the questions that Richard D. Hayes and Emily Taylor, hosts of Armed Attorneys, aim to answer in their discussion on dog attack defense.

Understanding Dog Bite Liability

According to Edwin Walker, a guest on the show, ‘if your dog is enclosed in your yard, and someone opens your gate and gets attacked by your dogs, are you responsible for that?’ The answer lies in the laws that govern dog ownership and liability. In Texas, for example, there is a ‘one free bite rule,’ which means that if your dog has never bitten anyone before, you may not be held liable for the first incident.

However, if your dog has a history of aggression or has bitten someone before, you may be considered negligent and held responsible for any subsequent attacks. As Richard D. Hayes and Emily Taylor note, ‘Texas has done a really good job in crafting this definition’ of a dangerous dog, which includes dogs that have made an unprovoked attack on a person or have been deemed a threat to public safety.

The Definition of a Dangerous Dog

The definition of a dangerous dog in Texas is quite specific, and it includes dogs that have made an unprovoked attack on a person or have been deemed a threat to public safety. As Edwin Walker explains, ‘a dog is not like a gun or a knife where obviously a gun sitting on a table cannot hurt you at all. Somebody actually has to use it. A dog is not like that. A dog sort of recognizes that it does possess its own ability to judge things.’

This definition is crucial in determining liability, as it helps to establish whether a dog owner was negligent in allowing their dog to roam free or attack someone. As Richard D. Hayes and Emily Taylor discuss, ‘if you have a known dangerous breed of dog and you know that your dog is a biter, sort of the one, one free bite rule that some people may have heard of, Texas actually follows the one free bite rule.’

Civil Liability and Self-Defense

When it comes to civil liability, dog owners may be held responsible for any damages or injuries caused by their dog. However, if a dog is used as a self-defense weapon, the owner may be able to claim immunity from prosecution. As Edwin Walker notes, ‘it would be a tough legal battle for them to charge you for the criminal acts of your dog.’ However, this does not mean that the owner will not be sued, as plaintiffs’ lawyers may still seek to hold them liable for any damages.

Conclusion

In conclusion, dog attack defense is a complex and nuanced topic that requires a deep understanding of the laws that govern dog ownership and liability. As Richard D. Hayes and Emily Taylor discuss, ‘Texas has a specific statute’ that prohibits the use of devices to protect property, but what about dogs? Are they considered a device or a living being with their own agency? The answer to this question has significant implications for dog owners and their liability in the event of a dog attack.

The full episode of Armed Attorneys is available on OBBM Network TV.

Watch Armed Attorneys on OBBM Network TV: https://www.obbmnetwork.tv/series/armed-attorneys-207965