Posted on 02/08/2015 4:49:27 AM PST by marktwain
In Kansas, a dog owner deliberately let his dogs run loose and unsupervised. At least one of the two dogs, a 90 lb, 10 month old Presa Canario, attacked a neighbor's chickens, killing some. The neighbor called animal control, then grabbed a shotgun and went to defend his livestock. The Presa Canario charged at him, and he shot and killed the marauding animal.
Shawnee County Sheriff press release:
Upon arrival the Animal Control Officer learned that a Presa Canario breed dog attacked and killed fowl livestock and charged at the fowl livestock owner when he attempted to stop the attack. The owner of the fowl livestock shot and killed the dog before Animal Control arrived.Killing dogs that are threatening or attacking livestock or humans has long been understood as legitimate and protected under the law. From nolo.com:
Generally, it's perfectly legal to do anything necessary to stop a dog caught in the act of attacking a person or livestock. A dog's owner is not legally entitled to any money from someone who injures or kills the dog while protecting a person or farm animal from attack. Nor is the person guilty of a criminal offense; many animal cruelty laws specifically exempt the act of injuring or killing a dog in these circumstances.Kansas law is particularily clear. It not only allows the livestock owner to kill a dog caught in the act, but to kill a dog after the attack, in a "reasonable time".
For example, a Kansas jury vindicated a farmer who shot and wounded a dog he found attacking his hogs. He shot at the dog, but it ran away, with the farmer in hot pursuit in his pickup. The dog ran home, where the farmer shot it twice and left it hiding, wounded, under the house. When the dog's owner came home, he rushed the dog to a veterinarian; it eventually recovered. The owner sued for almost $8,000, but the jury came back with a verdict for the farmer. (McDonald v. Bauman, 433 P.2d 437 (1967).) The Kansas statute allows a livestock owner to kill a dog that has been found injuring livestock "a reasonable time" before.Owners are responsible for the actions of their animals. It does not matter if there is a leash law in the jurisdiction where the attack occurs; the owner is still responsible for damage caused by their animal. In a strange inversion of responsibility, the breeder of the Presa Canario has put up a "Justice for Marley!!" petition that makes rather extravagant claims, considering that the breeder was not there. The claims contradict the Sheriff's press release, but confirm that the dogs were deliberately let loose and unattended. One of the claims is:
However, no chickens were harmed or killed,How the breeder would know this, as they were not present, is not explained.
I will be speaking to a lawyer on Monday to see if anything can be done in civil court, and all I’m wanting is justice for Marley.It seems unlikely that the breeder would have grounds for a lawsuit. She had already sold the dog, so she no longer has a property interest in it. In any case, it seems more likely that the owner of the chickens would have a valid claim for damages, as he has dead chickens directly caused by the actions of the dog's owners.
I had a German Shepherd that would eat a chicken feathers and all.
I don’t care if it was the most gentle, lapdog puppy out there....if it destroys my property, I have a right to defend that property by any means necessary.
Had it been me, I'd shot it the moment it attacked my chickens and called animal control only to show them the evidence and have them haul away the corpse, if I bothered calling them at all.
Shoot, shovel, shut up.
Dogs running free are a potential menace and should they exhibit destructive tendencies, they must be eliminated.
The responsibility lies solely with the dog owner and it is he who must face any criminal and/or civil actions for his misconduct.
Beautiful dog. Damn shame it had such a stupid owner.
Once a dog gets a taste for livestock or starts running in a pack, there’s no going back. I’ve seen chicken coops decimated by Lassie gone wild.
Once again we have forgotten one of the many rules of Fight Club. The Three “S” rule. Shoot-Shovel-Shut up! What the eye can not see the heart will not miss.
Although I agree with you in principle, I'm wondering if there are legal risks in not reporting the incident in some jurisdictions. Is it possible that it is against the law in some places not to report the fact that you just shot someone else's dog? Just wondering if failure to report could make an otherwise legal use of a gun somehow (or somewhat) vulnerable to legal action of some kind.
Where I grew up it was standard practice to shoot any dog running loose on the farm. If not they would usually find each other and then you have a pack. Very dangerous.
Pffff, law. Its what you make of it these days.
The president can break it, so can we.
The old SSS applies; shoot, shovel and shutup.
Oh well, the lawyers will get theirs regardless of fault. Doth dog and chickens will still be dead.
Breeder, dog’s new owner and the farmer, all three will end up lining two or three ambulance chasers’ pockets.
“Pffff, law. Its what you make of it these days.
The president can break it, so can we.”
Unfortunately so can the cops!
When my Dad was my age, society still followed common sense.
He not only had to pay for the cow but had to put down the dogs...........very unfortunate.
Novel concept.
My daughter carries extra bags when she walks her dogs. When she sees an irresponsible owner about to leave poop, she walks up to them and says "I see you have run out of bags, no problem I have extra, here is one for you" ha ha ha
Made the mistake, long ago, of leaving my beagle with access to the chickens.
When I came home it was to find every chicken killed
and the beagel looking the happiest I’d ever seen him.
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