I've got a huge aggressive dog issue.

[HUGEDOGISSUE]

If this isn't the right place to ask this, I am sorry, but I'm at my wits' end here.

My wife and 4 year old have been living in this house we are in (in Tennessee) for about 10 months now. The neighbors across the street build this fence out of chicken wire and is very flimsy. They have this huge Cujo sized dog that constantly gets loose. About 4 times now it has gotten loose and 'just my luck' I've been in the backyard with my dog (on a leash and using the potty, minding his own business). This dog likes to rush in, bark aggressively, dance back and forth like its trying to come in a fight..both to me or my dog.

To make things evenmore possibly dangerous, sometimes it's just me and my 4 year old out back playing. I am afraid one of these times, that dog is going to get loose and come back there. It likes to chase people, I've noticed that from a distance.

SO to my question:
If I HAVE to protect myself, my son, or my younger dog in a non lethal way..such as either pepper spray or bb air pistol set to just 'sting' and not penetrate..am I liable for anything?

I do NOT hate animals so please don't go there. I have 2 cats and a dog myself and even feed the cat on my porch that comes from THAT SAME HOUSE that the dog gets loose from because you can see its ribs and it attacks food and water like it never gets any.

I just want to be able to walk in my own back yard and not have to worry about being painted the bad guy for protecting my family.

[retdetsgt]

Have you contacted your local police or animal control about this? If you live in a city, a lot of them have ordinances against letting dogs run loose. If the dog is being starved, contact the Humane Society.

If you believe the dog is an actual threat to you, your family or even your own dog, especially on your property, you can do anything necessary. And that covers a big range of things.

[HUGEDOGISSUE]

I have not resorted to calling the police yet..knowing that once I cross that line with the neighbors they will pretty much mark me as enemy number 1 from that point on. Truth is, not only the dogs, but they have an older son that comes out there sometimes and he and his dad get in a fight and the cops are usually here once every couple of months because him and his dad got into it. Or him and his girlfriend had it out in the yard. And they have a younger one in grade school that you can tell is going to be much of the same. They have like 3 dogs inside they little chicken barrier and numerous cats on the inside.

I've sent an email to animal control the last time during closing hours but never heard anything from it.

I know I may have to call the police eventually..I dread going there though. Much worse than I dread putting a bb in its behind and making it remember and fear coming back to my yard again. I don't live in the bad area, its just this one house full of chodes across the street.

I've just heard so many rumors of protecting yourself or a family member by hitting it with a stick or popping it in the butt with a bb gun, only to be the one getting sued and escorted to a police car.

[retdetsgt]

The BB gun can penetrate the skin and cause the dog problems. But again, IF the dog is on your property, you can do anything reasonable. You have a right to protect yourself, your family and your property. A spray bottle with a light solution of ammonia sometimes works with dogs too. Check pet stores to see what they have. I just googled it and found this:

Dog Repellent Defend - Dog Biting - Dog Attack Pepper Spray, Direct Stop

I don't know if this particular thing is any good, but I suspect there's something out there.

It sounds like it will probably only be a matter of time before you cross the crazy neighbors anyway from the way it sounds.

[HUGEDOGISSUE]

I agree, the BB gun is my last resort. I'm ex-military with marksman in several firearms with permits and have plenty of options inside the house but I've always had a soft spot for mutts. I guess the reason I was keeping the bb gun option alive is for fear that pepper spray will only turn Cujo into the Hulk and become even more ticked off or actually charge at me in a blaze of glory once I do that.

The neighbors are a fun loving bunch (I mean that sarcastically)..I figure law of averages is on my side so instead of engaging them, I'd just let them call the police on each other like they have been until they just disappear..or until I sell this house in a couple of years hehe.

[Cat_Doc]

Been to several calls where homeowners have shot and killed an aggressive dog on their property. Usually just a quick report and citing the dog owner for vicious dog at large (if we can find them) and we are on our way.

I would not hesitate to drop a vicious dog to protect my children or pets and I don't blame anyone else for doing the same.

Of course, this is Arizona, things are done a little differently out here and I just know the east coast and Kali folks think we are Neanderthals.

[HUGEDOGISSUE]

Well you'd think in Tennessee, having to put an unruly animal down, is as common place as corn bread. We do have a leash law, which is why in this instance it's very rare. Most abide by that now and I rarely see a loose dog. If the mutt was running up to check things out, wag a little, and trying to get petted..I wouldn't even acknowledge it. But this beast has a serious attitude problem and loves showing it lol.

[Cat_Doc]

None of us condone shooting a dog that is simply off leash; this is why I clarified about an aggressive/vicious dog on someone else's property. It would only take a second for the dog you described to snap your four-year old's neck.

[scott715us]

Well you'd think in Tennessee, having to put an unruly animal down, is as common place as corn bread. We do have a leash law, which is why in this instance it's very rare. Most abide by that now and I rarely see a loose dog. If the mutt was running up to check things out, wag a little, and trying to get petted..I wouldn't even acknowledge it. But this beast has a serious attitude problem and loves showing it lol.

You have a right to protect your family, including using lethal means, especially if the dog's on your property. This includes TN. You need to contact the animal control folks in your area and/or politely "warn" your neighbor that the dog will be picked up if it keeps getting out. If you don't have animal control in your area, then contact the local PD and ask that they have a chat with the neighbors about their dog running "at large." If it keeps getting out, then call the local PD and tell them you would like to press charges against the neighbor for the following crime below. Take a picture/video if you can just to back your evidence up.

Here are the applicable TN state codes for criminal and civil liability. They can be charged criminally and if any injury occurs to you or anyone in your family, by law, they can be held responsible in civil court. The criminal penalties increase if bodily injury occurs. If serious bodily injury occurs, it's a felony crime. See below:

44-8-408. Dogs not allowed at large — Exception — Penalties. —
(a) As used in this section, unless the context otherwise requires, “owner” means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
(c) It is an exception to the application of this section that:

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(g) (1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.
(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39-11-106, to another.

(4) A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.
(5) A violation of this section is a Class D felony if the dog running at large causes the death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as provided in subsection (i) if the violation involves:
(1) A dog that was trained to fight, attack or kill or had been used to fight; or

(2) The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection (h) are present, shall be punished as follows:

(1) A Class C misdemeanor if the dog running at large does not cause property damage, injury or death;

(2) A Class A misdemeanor if the dog running at large causes damage to the property of another;

(3) A Class E felony if the dog running at large causes bodily injury to another;

(4) A Class D felony if the dog running at large causes serious bodily injury to another; and

(5) A Class C felony if the dog running at large causes the death of another.

44-8-413. Civil liability for injury caused by dogs. —

(a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another....

Hope this helps..

[Joeyd6]

The simplest solution is easy. It protects your child and wife, even if you are not there. It protects them from this dog and other threats. It protects you from being sued by a pissed off dog owner for vet or medical bills. It protects you from having to pay costly ER bills. It will solve your problem and give you peace of mind 24 hours a day. It will also give you a return on your money. FENCE IN YOUR YARD!

If it ain't this dog, it could be a stray. Or maybe a child molester walking down the street looking for a quick grab when you wife runs inside to grab the phone. Fences make good neighbors. If your handy you can do it yourself. If not, hire somebody. And it doesn't have to be tall either. A 4" picket fence is nice and provides good protection.

Not sure how big your yard is, but I have (48) six feet wide fence panels, 8 feet tall, with two seperate gates, that is scheduled for replacement in the spring with 6 feet wide cedar privacy panels and 14' pressure treated posts capped in brass with a light in each cap on both sides. That is 288 feet of fence removed, new posts set, fence built on site (each panel hand made at may house, not bring panels made in the factory), posts capped, and electrical wiring from my panel inside to the fence, completing the connections and adding a switch. In the communist state of NJ where prices are out of control, I was consistently quoted right around $9,500 to $10,200. Well worth the 24/7 safety, protection and peace of mind that will be here no matter who my neighbors are, and last a decade with proper care!

[retdetsgt]

FENCE IN YOUR YARD!

Excellent point. I tend to not think about that because everyone out here has their yards fenced. I was surprised when I was visiting back East in PA, Virginia, etc and saw so many yards were wide open. I guess I just assumed he had a fence and the dog was jumping it.

[scott715us]

I would love to have fence eventually, but I wouldn't go the efforts of spending the money to have one built just because my a** clown neighbor can't take two seconds to effectively lock up his dog.

[Legoate]

but I wouldn't go the efforts of spending the money to have one built just because my a** clown neighbor can't take two seconds to effectively lock up his dog.

Well then I guess part of the blame is on your if something bad happens. If you won't be proactive for the safety of your family, then I guess you have to deal with whatever happens, after it happens.

[retdetsgt]

I have a fence to keep my dogs in the yard as well as kept other dogs and people out. Not to mention the privacy factor. When I built my house, I built the fence immediately.

[greg72982]

Build bridges not fences.