Did this really happen or is it just an urban legend?

[Chicagocanine]

Zombie thread!

[Dainerra]

Originally Posted by PDXDeutschhund

This is why, if you ever have to defend yourself in your own home from an intruder, shoot to kill. Don't want them to be able to sue afterward.

same advice I've been told by every police officer and attorney that I know.

Well, that and NEVER fire a warning shot. Always shoot to kill. Has nothing to do with not wanting to be sued, really. It's not wanting to be arrested! If you don't shoot to kill, the argument can be made that you really weren't in fear of your life since you just wanted to "scare him away" I'll take my chances that his family will try to sue over defending myself against attempted murder charges any day.

ETA: lol didn't realize until I read a post by me that this was an old thread! oops

[LissG]

i know in nj if someone breaks in your house and the dog bites them you can be sued. i've heard of cases being won because they found out the dog was "trained to bite" because of schutzhund/personal protection training, so it was cosidered a weapon and they won. you can't protect yourself in nj lol

[arby665]

Originally Posted by Elaine

It's true: a criminal can sue you for getting bitten after breaking into your house. You do not have the right to hurt someone unless you are in imminent danger. If they were threatening you with physical violence and had the means to do it and you could not get away, then you can hurt them.

Different states have different laws. In AL I do not have to retreat. If you are on my property (including my car) I have the right to shoot you if I feel threatened. I only have to FEEL threatened. My self defense instructor told me never only try to wound an intruder. If they are drugged up enough they will continue to come after you. Also, you have a very small window of time if someone is coming towards you. I may be remembering this wrong but I think a person can move 3 yards a second. Not too much time to think about it. And, yes, the criminal and/or their family can sue you. In my state they won't win.

[FirstTimeGSD]

Originally Posted by PDXDeutschhund

I don't know about that one, but I heard one where a thief fell through a sky light onto a kitchen knife, sued, and won. That might be an urban legend as well.

Did you hear about that in Liar Liar?

[Yoschi's_Pet_Human]

thank God I live in Texas, where I have the right to protect my family and property.

[RowdyDogs]

Most of these urban legends come from a few misunderstood instances. Much like the infamous McDonald's coffee case (where the victim had 3rd degree burns including the fabric of her pants literally fused to her skin because McDonald's kept their coffee significantly hotter than industry standard so it would stay "fresher" longer...and she initially only asked them to repay her medical bills, which were hundreds of thousands of dollars, and only when McDonald's refused did she sue...and she was actually awarded more than she requested in damages due to McDonald's negligence...but still the popular conception is "of course coffee is hot, dummy!")...

One of the big things that happens is when someone intentionally booby traps their land to cause injury to trespassers/intruders (by booby trap I mean setting traps that people can't see but will be injured by). You can't do that--and honestly, for good reason. I mean, what if EMTs are called because you're having a heart attack and get hit by your booby traps? However, at least in my state, a dog biting an intruder does not fall under that category (although, in said EMT scenario, you may have to wait for animal control to respond before they'll come in and save you). If someone is breaking into your house and the dog bites them, it will be ruled a justified bite. If a kid is taking a short cut across your unfenced lot and your dog bites them, you might get in trouble, but the bite will still be investigated and depending on the circumstances it may or may not be ruled "justified."

A dog biting the plumber you left the door open for will probably cause you trouble, even though from the dog's perspective it's all the same--but it's your responsibility to control your dog at all times and the dog shouldn't have been loose. A dog biting an unauthorized intruder (say, burglar) is probably not going to cause you trouble.

That said, anyone can file a lawsuit, which is the other big thing that gets people. A burglar could sprain his ankle kicking in your door and sue you; that doesn't mean he'd win. That's the US justice system, and why we have homeowner's and renter's insurance, since you do have to pay to defend yourself. Sensationalist news outlets will pick up on a suit that is filed, and conveniently not report when it is lost or dismissed.

So in short, I don't worry about my dogs potentially biting a burglar.

Originally Posted by Dainerra

same advice I've been told by every police officer and attorney that I know.

Well, that and NEVER fire a warning shot. Always shoot to kill. Has nothing to do with not wanting to be sued, really. It's not wanting to be arrested! If you don't shoot to kill, the argument can be made that you really weren't in fear of your life since you just wanted to "scare him away" I'll take my chances that his family will try to sue over defending myself against attempted murder charges any day.

ETA: lol didn't realize until I read a post by me that this was an old thread! oops

The way I was always taught, warning shots are dangerous. Where are you shooting? If you live in a remotely residential area, that bullet is going to land somewhere and it could land in an innocent neighbor's head, or ricochet if shot into the floor. Plus yes, you only pull your weapon when you are in fear of your life.

As far as shoot to kill, it's more like shoot the largest mass so you have most chance of making your shot. Head shots, knee shots, whatever are difficult for even skilled marksmen in the heat of the moment. You shoot the torso; it has a good chance of being fatal but that's not necessarily why you do it--all that matters is stopping the person.

[selzer]

The way I look at it is, if it is a really bad guy, and he comes into my house, and my dog bites him, and neutralizes the threat. I will at least be able to argue about it in court.

Anyhow, go for a jury, Anyone can sue you for anything, but that doesn't mean they will win. If the jury sympathizes with you, and they should, as they live in homes, and do not like the idea of being attacked in their homes, then chances are you will be ok.

[Dainerra]

Originally Posted by arby665

u. Also, you have a very small window of time if someone is coming towards you. I may be remembering this wrong but I think a person can move 3 yards a second. Not too much time to think about it. And, yes, the criminal and/or their family can sue you. In my state they won't win.

someone with a knife, 20 feet away, can kill you before you even have a chance to draw a weapon. what my husband was taught in the police academy....

[Lilie]

Originally Posted by Chicagocanine

Zombie thread!

That's funny stuff, right there!