I am going to try and keep this very unemotional and to the point. Two days ago a friend of mine lost her APBT to an irresponsible dog owner and I am trying to solicite suggestions for what legal directions she might pursue.

My friend a new mother was walking her 9 month old son and her female APBT the other evening. As she passed a neighbors house his 100 lb lab rushed out of the front door and charged her, her son and the dog. The lab was barking and growling. She was walking on the sidewalk. Her APBT was on the other side of the charging dog and out of concern for the baby she positioned her PB in between herself and the baby and the charging animal.

The lab hit her PB at full tilt and a struggle ensued. Several of the neighbors came to her assistance and one took the baby and high tailed it for the house. My friend then turned to the task of seperating the dogs. One of her male neighbors took hold of her PB as she says she trusted her dog not to redirect. Several neighbors and there children were now attracted to the hub bub. When her and the man saw an opprtunity they went for the collars of each dog, the lab immediately redirected on her and grabbed her by her leg and began to shake her. Her PB then took hold of the lab before the man assisting could get to her.

It is at this point the owner of the lab emerges from his home with a shot gun and proceeds to beat her PB. When her PB would not let go of the lab he shot her and killed her.

The shooter was arrested for animal cruelty and discharging a fire arm in close proximity of humans. The lab has been quarintined but will be released to the owner. The police, who were very helpful and sympathetic said the issue was she was bitten trying to break the dogs apart vs the dog (lab) just randomly attacking her.

Is there anything else to be done? Or is this it. This dog, this APBT was truely a treasure. She was trained, well bred, well kept and very much part of a loving family. It seems there is legally something else to be done, maybe not, just thought I would ask.

RIP Miakoda...what a very great dog!

Your friend has a lawsuit that she can pursue. The police may say that she was attacked trying to break up a dog, but based on your description, she felt she and/or her child were in physical danger and took appropriate action. She needs to find legal representation immediately. And since there are always many sides to this story, she should make sure and work with her attorney to gather as much info from the witnesses as possible.

Good luck.

I am so sorry for your friend, I'm not a lawyer but I would think she could sue the lab's owner in civil court for loss of her property (her dog) and for the injury to herself caused by the bite from the lab.

Before anyone asks Mia was leashed, her 45 lbs to the labs 100. I did make an error, the owner of the Lab emerged well into the scuffle and beat Mia with his hands, then went back in the house for the shot gun.

Makes me want to give up dogs all together...but I guess people treat each other this way, it should not surprise me people treat animals this way. It just seems when you have the Frawleys, and the Milans and all the great dog trainers out there, folks that own dogs would want to know how to handle them....this breaks my heart!

I am a criminal prosecutor but state laws vary so my personal advice is just that - personal not professional - advice. I would address this on two fronts. Criminal and civil. I would speak with animal control/LE about the potential for dog at large and/or vicious dog citations. The story, as told, has at the very least a dog aggressive dog that was not properly contained.

Civilly, this would probably be a small claims court issue unless the medical bills were significant. The majority courts hold dogs as property and as such you cannot recoup any more than the actual value of the dog. That means no money for emotional distress etc.

I would immediately address the potential for criminal charges as the longer the time passes, the harder it is to sometimes convince that prosecution of the matter is important. I have prosecuted several vicious dog cases. They vary from case to case and it is never an easy decision for me to request that a dog be Euth'd but I have done so.

Sorry to hear that your friend is going through this. It is my worst nightmare.

Legal advice is such a tricky thing over the internet. I'll just give my perspective from a law enforement officers viewpoint. The police cited the person from a criminal aspect. The remainder would have to be dealt with in civil court. I would suggest you contact an attorney and discuss it from them.

DFrost

 Quote: David C.Frost

Legal advice is such a tricky thing over the internet. I'll just give my perspective from a law enforement officers viewpoint. The police cited the person from a criminal aspect. The remainder would have to be dealt with in civil court. I would suggest you contact an attorney and discuss it from them.

DFrost

I agree with you, I guess I am looking more for legal strategies than advice and should have said so. As the lab owner has made bail, he said he shot Mia out of cencern for my friend...seems odd as it was his dog that had a hold of her.

What a disgusting story. Notice who the "retargeter" was. Yet, THAT'S the animal that will be going home with it's barbaric owner. How very awful to have your beloved dog killed for defending you. RIP, noble Miakoda.

I would absolutely push for whatever recourse she can take. The man himself is a danger. He should've shot his dog... then shot himself. Do the rest of us a favor. Yes, yes, I know, I'm being horrible, but this is outrageous. He could've killed a someone...oh wait, he did .Sounds like the police will handle it appropriately, but I would absolutely make him pay civilly.

 Quote: Jenni Williams

He should've shot his dog... then shot himself. Do the rest of us a favor. Yes, yes, I know, I'm being horrible, but this is outrageous. He could've killed a someone...oh wait, he did .Sounds like the police will handle it appropriately, but I would absolutely make him pay civilly.

You are not being horrible, you are being real. This just sickens me to the point that I don't know whether to scream or throw up. Your friend was caught in a situation where she could not defend herself and the baby easily, so the dog acted appropriately and defended herself and her family. She died needlessly, but she died a hero in my book. The rage that I would have in me the moment after that piece of crap shot my dog would have drove me over the edge. One of us would have left that street in an ambulance. I am so sorry for yoru friend, and I feel she should pursue this as far as she possibly can.

Thanks for not thinking I'm horrible (although you're probably wrong) but it was Val's friend, not mine. I have to say that if I were right there when that scumbag shot my dog for protecting me that I may not have reacted very appropriately.