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Originally Posted by halfmonkey
We've been kicking around the idea of buying a Labradoodle and we've come across some videos on you tube of pit bulls attacking and even killing dogs and it got us wondering. What exactly is our right when it comes to defending ourselves and our dog in the event of a dog attack? So for humans, we have the right to defend ourselves and even using deadly force when necessary and allowed under certain circumstances of the law. Of course, I realize each state has different parameters of when deadly force can be used so to provide context to my question, we live in CA. I'm no lawyer but as I understand it, in CA you first have to try and avoid the conflict and have a duty to retreat. If you're not able to retreat, I believe you have to basically say stop and then if the treat continues, you have the right to use deadly force. Again, I'm no lawyer.
So when it comes to a dog attack, you can't necessarily retreat like if you're out walking because you can't outrun a dog. If a dog is attacking you and is clamped down on your arm, or leg, or whatever, what can you do within the extent of the law to stop the dog attack? If the dog is attacking your dog, what can you do within the law to stop the attack? Now I will say that if I'm out with my kids and dog and if a dog attacks my kid, I won't even hesitate to stab the dog to death because I would be carrying around and 3in pocket knife or so if I'm walking my dog with my kids. My kids life is undeniably more important than an attacking dog's life and I will not hesitate to use the knife and deadly force to stop a dog attacking my child.
Please note that this is not a question about how to tell the owner of the attacking dog to be a responsible pet owner, of whether pit bulls should be banned or not (I used a pit bull example because that's what came up on you tube as the most common aggressor), or whether Labradoodles are good dogs, etc. I think you get the point. I'm not trying to start an off topic war of words. Just curious to know what my rights would be. Thanks.
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When I first read this post I thought you've got to be kidding. I read it again, and read it a third time and all I can say is you've got to be kidding. You are asking a bunch of total strangers to provide you with legal advice. Are you crazy? Do you honestly expect to get worth while legal advice or perspective in a car forum?
California has more than 175,000 licensed attorneys. Go to your local lawyer's referral service and ask for one who specializes in questions of self defense or criminal defense law. Pose your question to that person.