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self defence from an animal

7652 Views 43 Replies 21 Participants Last post by  mrengles
If you had to defend yourself from a dog attack and had to use your weapon would/could there be any legal issues after.
This has not happened to me just seeking some info. so I can be a better informed sheepdog.
I have tried other forums on a national level but no one was real familiar with fla. law.
Hopeing to have better luck here.
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There is really no law on the use of force against an animal attack. However disproportionate force is something to be mindful of. I would first try to escape any attack from an animal because it might be easier than trying to shoot a smaller than human moving target. If it's a pitbull them all that goes out the window. :ak
Now I have a question for all you guys out there.

I had an argument with my oldest son who tends to get an attitude now and then. He got a Rottweiller last year and was proud of his dog because no one could come near my son without the dog attacking. I warned my son that it was dangerous to have a dog that reacted that way. The first thing I told him was that a dog that attacks when he wants is not to be trusted with any one. Also that sooner or later some one is going to unexpectedly and innocently come close to him and get attacked and that would be a great liability. I also told him this: Let me know what you guys think because we are still arguing about it.

Self defense laws were written for a "person" to protect himself or someone else from death or injury. The self defense laws in Florida allows for the Castle Doctrine which gives a person a right to protect their home.

My contention is still that while the law allows for self protection, the law speaks directly to people not dogs. The right to protect ones self and home is given to people not dogs. So in my opinion, and I would like to hear your comments, if a dog attacks an intruder that is a potential threat to the owner. The dog has no right to defend. Also use of deadly force is extended to persons not animals. I think it would be a liability problem for a dog to attack a person armed or not, even in defense of himself or the owner. Let me know what you fellas think.

As a note my son no longer has the dog. He had to give him away because it attacked his daughter and also because his insurance carrier cancelled his home owner insurance when they found out he had a Rottweiller.
Even though the law does not specifically address dogs, I would take my chances with the law and use deadly force if my kids were attacked by a dog. My kids are 4 and 6 yrs old and I let them play outside under my watchful eye. If a dog comes in my yard and attacks them I would not hesitate because my kids are small. If a dog attacks me I would at least try to ward off such a dog by other methods but as a last resort use deadly force.
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