Defending your dog in "dog court"

If your dog barks too much, lunges at pedestrians, snaps at the mailman or kids on the block, trouble is on its way. It can take several forms. The Post Office may refuse to deliver mail until you deal with the problem. Animal control may cite you and fine you. Injuries to others will be followed by a letter from an attorney which, if you do not answer it, will in turn be followed by a visit from a Sheriff bearing the summons for a lawsuit.

A dog biting a person is the most serious of these problems. If your dog bites someone, do the right things so that the victim and his family do not become frustrated and take action. See If Your Dog Bites Someone. For the sake of prevention, see Why Dogs Bite. In short, it will explain that training, socializing and caring properly for your dog will reduce the chance that it will bite a person.

If your dog bites another dog, you can face many of the same problems that would arise if the dog bit a person. Many cities have local laws that hold you strictly liable for injuries to other dogs. In addition to ordinances establishing liability, there are traditional legal doctrines that can make you legally responsible. To deal with this situation, you need to prepare thoroughly so that nothing happens to your dog, and so that you do not end up having to pay for damages that were not your fault. Attorney Kenneth M. Phillips' self-help book for dog owners, called What To Do If Your Dog Is Injured Or Killed, outlines all of the defenses to dog-on-dog cases. The book is an instant download from this website's bookstore. Click on Bookstore, above, or on the link in this paragraph.  

Whether your dog bites a person or another dog, an important concern is whether your dog can be, or will be, put down. Every jurisdiction has its own laws pertaining to the consequences which may result from a dog bite. There are criminal laws, civil liability laws, and administrative laws. "Dog court" usually proceeds under the administrative laws. There are three broad issues that arise under these cases. 

• The first issue is which administrative laws will be applied in any particular case. The states often have regulations and even statutes which deal with dangerous dogs. Additionally, the county and the city usually have their own ordinances. So one must obtain all three sets of laws and review them.

• The second issue is which laws the particular animal control department or court will choose to follow. This often is a matter of policy. Some authorities are more concerned with protecting people from animals, while others with protecting animals from people. There are departments that never want to euthanize a dog no matter how vicious it is. So one must find out what the policies of the pertinent authority are.

• The last issue is the matter of proof -- specifically, whether it is possible for the "prosecutor" (whoever that might be) to produce sufficient evidence to meet the requirements of the applicable law relevant to putting the dog down. The art of the trial lawyer (whether the prosecuting attorney or the defense attorney) is to present the evidence in the manner necessary to win one's case. So one must carefully analyze the elements of the law and then marshal the proof required to satisfy each element or, if on the defense side, to defeat each one.

That, in a nutshell, is the process which is involved in deciding the fate of a dog that has bitten a person. In other words, these are the principal issues which must be addressed. As you might imagine, however, there are many sub-issues within each of these broad issues.

Here is what you can do if you face this situation:

• To find the law, see the instructions given on the FAQ page of this site.

• To learn what policy your animal control department or court will apply, you need to look at the citation issued in your case. It "cites" the law very specifically.

• To prove your case, follow the methods set forth in What To Do If Your Dog Is Injured Or Killed. Even though the topic of the book might not sound relevant, it contains everything you need to make a powerful presentation. The book can be downloaded instantly from the Bookstore.

After you do the things mentioned above, use what you learned about the law, and the forms and instructions given in What To Do If Your Dog Is Injured Or Killed, to prepare two arguments for the "dog court" judge: first, a convincing argument that your dog should not be found "guilty" because the evidence is lacking, and second, a convincing argument that the penalty should be minimal, just in case the ruling goes against you.