If attacked by a dog, defending oneself against the dog attack is permitted. it is generally lawful to use any type of force necessary, provided the person is currently in danger and not retaliating for a previous attack. An Atlanta dog bite injury lawyer may address the use of force as justified when establishing the damages suffered as a result of the attack.

When Force Can Be Used as Self-Defense in a Dog Attack

Force can be used when there is the threat that a dog attack will cause physical harm. This includes killing the dog to defend oneself against the dog attack. The dog’s actions must have caused the human assailant to know or have a reasonable belief that it would inflict injury.

Another element is that the force used was reasonable. A dog that snaps once and then runs in the other direction might not necessarily warrant immediate destruction. There can sometimes be a fine line in determining what constitutes reasonable force.

It helps to understand when force cannot be used. For instance, it cannot be done in retaliation for an attack as mentioned previously, and it cannot be done as a preventative measure when it’s believed a dog could attack in the future.

So at the time force is used, there must have been an active situation in which injury was probable. Returning to destroy a dog after a dog bite would typically not be justified.

An Atlanta Dog Bite Injury Lawyer Can Help

These types of cases can get complicated when force is used in a dog attack. It can be a good idea to talk with an Atlanta dog bite injury lawyer if bitten and need to recover compensation for damages from the dog’s owner. The Law Office of Jason R. Schultz might be able to assist with a dog bite claim and address your actions defending yourself against the dog attack.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.