TexasCHLforum.com

speedsix wrote:...here's the law...if the situation and your actions match this, then you're not only justified in shooting them, but safe from civil suit...

http://codes.lp.findlaw.com/txstatutes/ ... /B/822.013" onclick="window.open(this.href);return false;

I've shot at dogs trying to get my livestock, probably shoot em if they're getting my dogs too.

I believe it's lurked.....

speedsix wrote:...here's the law...if the situation and your actions match this, then you're not only justified in shooting them, but safe from civil suit...

http://codes.lp.findlaw.com/txstatutes/ ... /B/822.013" onclick="window.open(this.href);return false;

OHhhh that helps so much, thank you, thank you, thank you. I feel so much better. They may still find a lawyer that wants to take his money, but it looks like it can't get very far.

Thanks again,
chris

The person who should feel bad is the dogs' owner who put everyone, human and canine, in that situation. I love dogs and won't harm one if I can help it but unfortunately there are times when the choice is removed from your hands. Just be thankful that it was you, who had the means to stop the attack, and not a child or other person unable to defend themselves.

matriculated wrote:Wow, to the OP, so sad you had to do that. But you did what you had to do. I own 3 dogs and know how I feel about them. If someone or something, human or animal, tried to injure my dogs I would go Terminator on the offending party and quick. Of course every situation is different and I would take circumstances into account. For example, if another dog attacked two of my smaller dogs as I was walking them, I would have a much shorter threshold on when and how much force to use. Those two small things don't stand a chance in a fight and would be killed within a matter of seconds. My bigger dog, while she doesn't have a fighting bone in her body, could probably take a bite or two and still live, so I would be slightly more judicious in my use of force (but not much). I don't appreciate aggressive dogs being off leash. I actually don't mind benign dogs that are just curious, but the owner has to know if his dogs are aggressive, and if they are, take precautions with them. This is one of the reasons I stopped taking my dogs to the dog park. Last time I went, there were these 2 obviously aggressive pitbulls that were almost fighting with each other, growling, hair standing up and everything, and I just thought why in the world are these 2 dogs here off leash with all the other dogs (peaceful labs, some smaller dogs, my dog). I put a leash on my dog and never went back there.

I take my boxer lab mix (a "boxador") to the off leash dog park at least once a week. Most of the dogs there are good doggies, but once in a while you get one that is an aggressive dominant and it makes life hard on everyone. I've had absolutely no problem TELLING the owner "dude, you need to get your dog under control, or someone's going to do it for you." I don't really care if it pisses them off. When the owners of the nice dogs all start leaving because some jack wagon won't control his dog, then I don't really care about his feelings anymore. And I've actually struck up conversations twice with other dog owners who were unhappy about an aggressive dog, and it turned out that both had their CHL and hinted that they were prepared to do whatever it took to protect their own dog.

The occasional irresponsible owners are a pain in the butt, but they are far outnumbered by nice people with nice doggies. It's a shame to have to deprive your dog of playtime with other dogs like that.

SRH78, yes that's what bothers me the most. Another neighbor, who saw the second attack, came down that evening and told me he's had words with the guy before and the guy treated him like crap. He had called the police serveral times on them and when the police arrived one officer already knew about the problem. I was trying to give the people the benefit of the doubt and be a nice neighbor, they recently moved in, within the last 6 months. He takes them into the park behind our properties every night off leash. This time thewife had them out without the leashes, and she's had trouble controling them in the past, he never does, but he wasn't home yet. The guy told another neighbor that they are going to sue me and went on and on about how expensive the mastif was and that he was going to bread him, and it I shouldn't have shot them. He feels no responsiblity for this and that's what upsets me. We are willing to let things go, our dog is wounded, there's are wounded, but living.

I won't go into details in writing, but the dogs attacked my brothers dog(golden-doodle, off leash too,, but he a hold of his collar), we got them seperated, I went to get my brothers dog that walked 150' down, and the women let go of the dogs, and the rotty, and mastif were charging right for me. I didn't have a shot without possibly hitting the women behind them, the rotty knocked me down and they both attack my brothers dog again, as soon as I had clear shots I fired. I was scared to death, I didn't know what was going to happen to next, and my brothers girlfriend was down there and I didn't know if they were going to attack her. I really didn't want to shoot them, but didn't feel like I had a choice at that point. The women was just standing in the same place screaming not to shoot the dogs as they were mauling the golden-doodle, which by the way has absolutely no defensive skills, it didn't even try to run, let alone bite back. She is so much at fault for all of this and blames me. Sad

Thanks again gentlemen

Regarding http://codes.lp.findlaw.com/txstatutes/ ... /B/822.013" onclick="window.open(this.href);return false;.

Note that (c) includes "The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.".

They are liable to you for any costs associated with treating your dog.

I'd send them a certified letter, return receipt requested, saying you'd like to resolve this in a friendly fashion and avoid incurring additional costs. Enclose a copy of the vet bill for your dog, as well as a copy of the statute, and let them know you expect payment.

If they don't pay, it is a slam dunk in small claims court. Of course, then they are liable for more money because you have court costs to be reimbursed for.

skip62 wrote:The guy told another neighbor that they are going to sue me and went on and on about how expensive the mastif was and that he was going to bread him, and it I shouldn't have shot them.

Including a copy of the statute in the above letter will also point out to them that you are not liable for any costs to them. If you want, you can also directly state that in the letter.

skip62 wrote:He feels no responsiblity for this and that's what upsets me. We are willing to let things go, our dog is wounded, there's are wounded, but living.

Too bad the dogs weren't killed. They'll just continue to be a problem.

skip62 wrote:I won't go into details in writing, but the dogs attacked my brothers dog(golden-doodle, off leash too,, but he a hold of his collar), we got them seperated, I went to get my brothers dog that walked 150' down, and the women let go of the dogs, and the rotty, and mastif were charging right for me. I didn't have a shot without possibly hitting the women behind them, the rotty knocked me down

First, you were very lucky not to get bitten trying to separate the dogs. Second, when the lady released the dogs, they also attacked you. I'd press for criminal charges against the lady.

Jumping Frog wrote:Regarding http://codes.lp.findlaw.com/txstatutes/ ... /B/822.013" onclick="window.open(this.href);return false;.

Note that (c) includes "The owner of the dog or coyote is liable for all costs incurred in the capture and care of the dog or coyote and all damage done by the dog or coyote.".

They are liable to you for any costs associated with treating your dog.

I'd send them a certified letter, return receipt requested, saying you'd like to resolve this in a friendly fashion and avoid incurring additional costs. Enclose a copy of the vet bill for your dog, as well as a copy of the statute, and let them know you expect payment.

If they don't pay, it is a slam dunk in small claims court. Of course, then they are liable for more money because you have court costs to be reimbursed for.

skip62 wrote:The guy told another neighbor that they are going to sue me and went on and on about how expensive the mastif was and that he was going to bread him, and it I shouldn't have shot them.

Including a copy of the statute in the above letter will also point out to them that you are not liable for any costs to them. If you want, you can also directly state that in the letter.

skip62 wrote:He feels no responsiblity for this and that's what upsets me. We are willing to let things go, our dog is wounded, there's are wounded, but living.

Too bad the dogs weren't killed. They'll just continue to be a problem.

skip62 wrote:I won't go into details in writing, but the dogs attacked my brothers dog(golden-doodle, off leash too,, but he a hold of his collar), we got them seperated, I went to get my brothers dog that walked 150' down, and the women let go of the dogs, and the rotty, and mastif were charging right for me. I didn't have a shot without possibly hitting the women behind them, the rotty knocked me down

First, you were very lucky not to get bitten trying to separate the dogs. Second, when the lady released the dogs, they also attacked you. I'd press for criminal charges against the lady.

THIS...... and I'd have this letter written today and sent by registered mail, signature required before the close of business today.

Sub C looks to me like it's only if the dog is found on my property, or am I reading it wrong?

...that gives you impound rights if the offending animal's on your property...(c) covers only what's covered in (c)...don't expand it to make it apply to the rest of the law...it's specific to what's contained in it....

speedsix wrote:...that gives you impound rights if the offending animal's on your property...(c) covers only what's covered in (c)...don't expand it to make it apply to the rest of the law...it's specific to what's contained in it....

Ok, that answered my question. thank you very much.

Happy Easter

...ain't the law wunnerful!!! did the right thing and you've come out smellin' like a rose...or at least a tulip...have a joyfull Easter!!!

speedsix wrote:...ain't the law wunnerful!!! did the right thing and you've come out smellin' like a rose...or at least a tulip...have a joyfull Easter!!!

I praise God you guys have all been soo helpful. Happy Easter, and thank you again.