What happens if a dog comes on your property? A Step-by-Step Guide

There are legal justifications for killing someone else’s dog in some situations—especially when it’s necessary to protect people or property.By

Dogs, cats, and other animals are treated like property under the law. That usually means that people who kill someone elses dog may have to compensate the owner, just as if they destroyed another kind of property that wasnt theirs. They could also face criminal charges, including animal cruelty or criminal property damage. But there are exceptions—certain circumstances when people have the legal right to kill a dog. Some of these exceptions are written into state and local laws, while courts have recognized others.

Most animal cruelty laws make it a crime to kill or injure animals “unnecessarily” or “without justification.” The most obvious justification is self-defense or defending another person from harm. That doesnt necessarily mean, however, that you can shoot a dog just because its growling or barking at you or it has bitten someone in the past. The general rule most courts follow: You must believe its necessary to kill or injure the animal in order to prevent an immediate threat of serious injury—and that belief must be reasonable. (See, for example, Grizzle v. State, 707 P.2d 1210 (Okla. Crim. App. 1985).) Some states, like Georgia, have explicitly included this rule in their laws (Ga. Code Ann. § 16-12-40).

Are you allowed to kill a dog if its not in the midst of attacking a person? That depends on the circumstances, as well as the language in any applicable state laws. For example:

A Pennsylvania statute says that its legal to kill a dog seen in the act of chasing or attacking people or other domestic animals, including pets (3 Pa. Cons. Stat. § 459-501). Its not clear, however, how much time might elapse being seeing the attack and killing the dog.

A man was charged with animal cruelty after he shot and killed a large Labrador that ran onto his property and attacked his beagle. There were several small children in the vicinity, and the Lab had previously bitten the mans daughter. New York state law didnt give him the right to kill the dog just because it was trespassing (more on that below). Under the circumstances, however, the court found that hed acted reasonably to protect the children. (People v. Wicker, 78 Misc. 2d 811 (N.Y. Town Ct. 1974).)

A father was convicted of animal cruelty for killing his girlfriends eight-pound dog after the animal bit their daughter. Because hed already gotten control over the dog before he killed it, the court found that his actions werent necessary to defend his daughter. (Com. v. Daly, 56 N.E.3d 841 (Mass. App. Ct. 2016).)

Many states also have laws that make it legal for farmers or others to kill dogs that are chasing, harassing, or injuring their livestock or domestic animals—which may or may not include pets. (For more details, see “When Dogs Hurt or Chase Livestock.”)

Killing Dogs Based on Past Behavior

People generally arent allowed to kill someone elses dog in retaliation for past attacks, unless theres an exception in the law. For instance, a California statute says that people have the right to kill any animals “known as dangerous to life, limb, or property” (Cal. Penal Code § 599c).

Its a different story when it comes to government authorities. Officials often have the right to kill dogs based on what theyve done in the past, as long as they follow legal procedures—including giving the owners notice and the opportunity to challenge the governments proposed action. Local animal control officers usually have the authority to pick up, impound, and even destroy dogs that are a threat because of past behavior. And under the “dangerous-dog laws” in many states, authorities may—under certain circumstances—euthanize dogs that have been declared dangerous or vicious.

Courts have generally found that landowners dont have the right to kill dogs just because theyre trespassing. Here again, there may be exceptions. For example, an Ohio statute says that its not illegal for landowners to kill or injure animals while trying to keep them from trespassing or while driving them away from the property. However, the landowners must pay compensation to the animals owners, minus the amount of any damage that the trespassing dogs caused. (Ohio Rev. Code Ann. § 959.04.)

Animal cruelty laws often specifically outlaw poisoning dogs on purpose, including putting out poison where you know a dog is likely to get into it. Most states dont make an exception for trespassing dogs, but many do exempt poisoning thats not malicious. (See, for example, N.Y. Agric. & Mkts. Law § 360; 510 Ill. Comp. Stat. Ann. § 70/6; Va. Ann. Code § 18.2-144.) Some states, such as California, specifically allow putting out poison on your own property to control predatory dogs or other animals, as long as youve placed conspicuous signs warning about the poison (Cal. Penal Code § 596).

If youve killed or injured someone elses dog—or another person has hurt your pet—you might want to consult with a lawyer. An attorney specialized in animal law or personal injury law should be able to explain how local law and recent court decisions apply to your situation, as well as your legal options. And if youre facing criminal charges for killing a dog, youd be wise to contact a criminal defense attorney as soon as possible, in order to protect your rights.

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Pursuing Compensation for Your Pet Through a Trespass Claim

As noted above, you will likely have more success recovering compensation from the owner of a property where your pet was injured by filing a trespass to property/chattel claim. This is because pets are considered property in the eyes of the law — if your pet is injured by someone else, the law considers it damage to your property, even though it is really injury to a living being and an important member of your family.

A trespass to chattels/property claim alleges the intentional interference with another person’s lawful possession of personal property, such as a dog. A trespass to chattel/property claim will require you to prove:

Intent to trespass: You need to show that the trespasser intended to do the act that interfered with your ownership of your dog; it is not necessary to show that the other party intended to harm your pet or intended harm to flow from his or her actions

Lack of consent: You must also show that the other party interfered with your ownership of your pet without your consent — this is relatively straightforward if you’ve given the other party no permission to interact with your pet, but can be tricker in situations where the other party had some permission to interact with your pet, such as when a dog is being walked by a dog walker

Interference: A party commits a trespass when he or she (1) dispossesses an owner of the property, (2) uses or interferes with property that is in the owner’s possession, or (3) damages the property

A valid trespass to property claim will usually arise when:

The other party dispossesses the owner of his or her property

The property is impaired in its condition, quality, or value

The owner is deprived of the use of the property for a substantial time

Bodily harm is caused to the, or other harm or injury is caused to a person or thing in which the owner has a legally protected interest

If your pet is injured on someone else’s property through the acts of the property’s owner or possessor, then you may be able to argue that your pet has been impaired in its condition, quality, or value, or that you have been dispossessed of your petor use of your pet for a substantial time while it recovers from its injuries.

In a trespass to property claim, the measure of damages is typically the actual damages suffered by the owner in the diminished value of the property resulting from the at-fault party’s actions. It can be difficult to determine the diminished value of an injured dog (unless your pet has some measurable value as a working animal, show animal, or breeding animal). However, it may also be possible to recover veterinarian and prescription medication costs incurred to treat your pet’s injuries.

Finally, if your pet’s injuries are so severe that your pet passes away or it becomes necessary to put your pet down, you might also be able to seek compensation under a related legal theory to trespass to property known as conversion. Conversion occurs when a person, without authorization or justification, interferes with the use and possession of someone else’s property to the extent that the owner is permanently deprived of use or possession.

If your dog has suffered an injury on private or public property, your best bet is to speak with a Pennsylvania premises liability attorney about your case. Doing so can help you determine what kind of legal action, if any, you might be able to pursue.

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Owning a dog comes with responsibility. As the dog’s owner, you could be held financially liable for damages caused when your dog bites or attacks someone. However, property owners could also be held liable if a dog bites someone on their property under premises liability laws.