Q: Can a service dog "instinctively" protect it's owner from a criminal attack, or from criminal harm?
I am totally disabled from a TBI, and my service dog is a Great Dane. The dog has never been professionally, or unprofessionally trained to attack so, I want to know what would happen to me, and / or my service dog in court if the dog "instinctively" protects me from harm?
Let's say that I'm in a public parking lot, and I'm attacked by a criminal with intent to rob me, or to cause me physical harm in any way and my dog "instinctively" attacks the criminal in my defense. What are my rights? What are my dog's rights?
A:
It is not possible to accurately answer your hypothetical without all the facts.
If you are sued, retain counsel to defend you.
Report any claim immediately to your homeowner's insurance carrier as soon as you are notified of it.
In general, unless the dog has attacked before or the breed is known to have dangerous propensities should not be liable for a bite.
A: Your dog has no rights. You have an obligation to keep your dog under control at all times. That means in normal circumstances it's on a leash, you control the leash so as to prevent the dog biting anyone. If someone attacks you may use only the force necessary. So it's not like bad guy shows up, Great Dane gets to go back to his Viking Guard Dog genes and rip out the offender's throat.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
