Q: City declared neighbor dog vicious and dangerous after biting me and my son and he won't contain it per ordinance reqs
The dog can fit through our fence and the city has issued multiple tickets and taken him to court twice now since declaring it vicious and dangerous. It's a poodle and my neighbor thinks it isn't a big deal. The fact that my son is disabled and can't protect himself really makes this a huge issue for us but the city says there isn't much they can do besides fining him although that really doesn't make any sense to me. So the big question is, if it gets through our fence again and threatens my child, can I shoot it? Yes, seriously!
Response to Alexander: The bites were not serious enough to require medical attention. A police report was taken and I called a couple of local attorneys who basically said it would just end up costing me a lot of money to make a point.
I was told that the local judge takes a lot of convincing to seize a dog and that the police can't actually do anything unless it is caught in the act and has not bitten anyone since being declared dangerous.
A:
If you and your son have been bitten by the same dog more than once I'm confused as to why the dog has not been seized by the city and put down, especially if it has been deemed vicious and dangerous.
Did your neighbor pay for your family's medical bills after you were bitten? The owner of a dog is responsible for the damage that his or her dog causes. You should consult with a personal injury attorney in your area, specifically one that handles dog bites. If you want your neighbor to pen up his or her dog and take you seriously, a lawsuit will send that message real quick.
As for shooting the dog, I personally would not advise it as it is likely to bring a whole host of legal trouble on your head. However, that said, you can use reasonable force to protect yourself and if the dog is attacking you or your child shooting it might be considered reasonable. But like I said, your neighbor might not see it that way, the cops might not see it that way and a judge might not see it that way if your neighbor later sued you for killing his or her dog. There are a lot of maybes in this situation.
I believe your best bet here may be to consult with a personal injury attorney in your area who specializes in dog bites. If nothing else, consult with one and explain to him or her the issues you are going through.
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