Return to your topic: Legal Rights of Rescuers Who Incur Dog Bites
It is lawful for a person to repel an attack by a dog:
"[O]ne is 'privileged to destroy an animal for the purpose of defending himself or third persons against harm threatened by the animal, (a) if its actions led him to know or reasonably believe that the animal would inflict such harm and (b) the destruction was reasonable in view of the gravity of the harm threatened and (c) the person reasonably believed the harm could be prevented only by immediate destruction of the animal." (Devincenzi v. Faulkner (1959) 174 Cal.App.2d 250, 254-5.)
The law of self-defense permits aggression only for the purpose of meeting aggression. It does not permit revenge killing. "It is not the dog's 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.
I got your DVD and updated my contracts accordingly. So much information - I had to watch several times to make sure I get it all. But the actual work of updating my contracts then was very, very easy. You are right, trainers really don't know. All the seminars, conferences, books and videos geared towards trainers do not mention that. Scary to think how much I didn't know before your DVD.
Shelley G.