Can you kick a dog if it attacks you? Here’s What to Expect

The method of killing the dog must be lawful

Even though a dog might be killed in self-defense, criminal charges might be brought because of the method in which the dog was killed. There have been many cases in which a person shot a vicious dog in self-defense but was prosecuted criminally for animal cruelty, discharge of a firearm within city limits, possession of a concealed weapon, or possession of an illegal weapon. These defendants included:

A police officer who shot a dog that was killing his own dog on his driveway.

A wheelchair-bound veteran who shot the pit bull that had ripped the wheel off his wheelchair the day before (and was lunging at him when he shot it).

A man who shot a dog that had bit his 3-year-old daughters face a year before and which, right before the shooting, had gotten into his backyard and chased his kids into the house.

Until the dog laws are changed, so that there is a presumption that one has acted in self-defense when killing a dog under these circumstances, killing a vicious dog must be regarded as a last-ditch, life-or-death alternative.

General requirements of the self-defense doctrine

In general, a person can kill a dog without penalty if the dog is lethally attacking that person or another person, and there is no reasonable alternative to killing the dog. The attack must be directed against a person not an animal (with one exception discussed below), the attack must appear to be lethal (meaning capable of inflicting great bodily harm or death), the threat must be immediate (as opposed to something that happened in the past or might happen in the future), and there must be no reasonable alternative. If these conditions exist, the killing of a dog probably would not violate any law unless the means of killing the attacking dog were illegal (see below).

The “person requirement” does not usually apply when the attack is directed against farm animals. The owner of farm animals is entitled to protect them from dogs that have come onto the owners property and are stalking or attacking the owners farm animals.

The requirement of an immediate threat means it is not lawful to kill a dog because it did something in the past or might do something in the future. The law of self-defense permits aggression only for the purpose of meeting aggression. It does not permit revenge killing. “It is not the dogs predatory habits, nor his past transgressions, nor his reputation, however bad, but the doctrine of self-defense, whether of person or property, that gives the right to kill.” (State v. Smith (1911) 156 N.C. 628, 72 S.E. 321.) There is no legal justification that will protect a person for killing or injuring a dog that bit him or her at a prior time, if the dog presented no threat at the time of the killing or injuring.

Expert Q&ASearch

Question Why would a dog attack his owner of 10 years? Pippa Elliott, MRCVS Veterinarian Dr. Elliott, BVMS, MRCVS is a veterinarian with over 30 years of experience in veterinary surgery and companion animal practice. She graduated from the University of Glasgow in 1987 with a degree in veterinary medicine and surgery. She has worked at the same animal clinic in her hometown for over 20 years. Pippa Elliott, MRCVS Veterinarian Expert Answer If his aggression is out of character, in a dog of this age you need to consider that he might be in pain. Sore arthritic joints, bad teeth, poor sight, or an ear infection are examples of conditions that can make the dog feel more defensive and less tolerant. Get him checked by a vet, as treatment may be all thats needed to resolve the issue.

Question What should I do if I think a large dog might attack me and/or my Chihuahua while we are going for a walk? Pippa Elliott, MRCVS Veterinarian Dr. Elliott, BVMS, MRCVS is a veterinarian with over 30 years of experience in veterinary surgery and companion animal practice. She graduated from the University of Glasgow in 1987 with a degree in veterinary medicine and surgery. She has worked at the same animal clinic in her hometown for over 20 years. Pippa Elliott, MRCVS Veterinarian Expert Answer Remain calm, and do not show fear. Have your dog stay calm, as any aggressive behavior from him may trigger the large dog to attack. Plan ahead, and consider carrying a walking stick to fend off the large dog if he attacks. If you suspect the dog will attack, equip yourself with some pepper spray to use to defend yourself (but be careful of the wind direction so that you dont hurt yourself). Look around you for the owner, and demand they immediately call their dog and restrain it.

Question Should I report the owner of a dog that attacked me but didnt hurt me? Pippa Elliott, MRCVS Veterinarian Dr. Elliott, BVMS, MRCVS is a veterinarian with over 30 years of experience in veterinary surgery and companion animal practice. She graduated from the University of Glasgow in 1987 with a degree in veterinary medicine and surgery. She has worked at the same animal clinic in her hometown for over 20 years. Pippa Elliott, MRCVS Veterinarian Expert Answer This depends how serious the attack was. If you feel the dog is a real danger to other people and the owner is not taking sufficient steps to control the animal, then report them. Unless actual harm was done, its unlikely they will be prosecuted, but inspectors may call to discuss appropriate control and training, which could save another person from being attacked in the future.

How to Defend Against Dog Attack

There is nothing worse than seeing your pet in pain, especially if that pain came from the deliberate actions of another human being. There are cases of dogs being kicked while on walks, either due to altercations or through no fault of their own. It is a complex situation, so what can you do if someone does kick your dog?

Stay calm as possible and tend to your dog first. Gather as much evidence of the assault as you can including video or photographs from bystanders. Speak to the RSPCA and to the police for advice on how to proceed.

You can try your best to make a case against an attacker and sue if you feel that this is the best course of action. There are laws against this sort of treatment. But, there are also laws about uncontrolled dogs and it can be difficult to make a case. Also, while it is instinctual to focus on getting back at the attacker, your dog’s health is your top priority.