Question, how many readers here never were somewhere they were not supposed to be, before age 15? ie, how many of this unscientific sample wouldn’t have been at least once subject to triggering a set trap?
CA checks in
CA penal code on the issue
Criminy! Canadian tort law scares me enough, but allowances under Texas law (civil and criminal) are downright terrifying.
In Canada an occupier has the duty of care to NOT set traps for trespassers.
Under criminal law the defense of “Defense of Dwelling” may be used so long as reasonable force is used. Shooting with intent to kill or by spring-loaded shotgun is not considered reasonable.
Certain breeds of dog (as well as cats larger than ocelots, wolves, etc.) are considered “dangerous animals” and fall under strict liabilty rules, meaning that even if an Act of God results in turning your panthers loose, you are liable automatically for any damage they cause. Signs posted by a homeowner say “Danger: Vicious Dog” may be considered as evidence that the owner knew aforehand that the animal was dangerous and that injury was forseeable. Thus when Fido bites the paperboy, the occupier is really screwed.
Sounds reasonable to me…
If neighbor X’s panther got loose because a bolt of lightning hit the padlock on the fence holding said cat. And the cat harmed a hair on my
pup’s head I’d be out for panther blood. Then I’d come after neighbor X…
I haven’t lived in Texas for 3 years now. But actually the law was (or used to be) much more vague. In essence it basically says “whatever force necessary to defend yourself or property” the words “you can shoot” were nowhere to be found.
One case in point was a driver on Central Expressway (Dallas) within days of the concealed handgun law being initiated, shooting a man who was beating him through the window of his car for clipping the guys mirror as he passed. If you knew what Central was like in those days you would understand the traffic during rush hour was at such a stand still that getting out of your car and catching the guy that just clipped your car would have been quite an easy feat. The man who was doing the beating was shot by the man being beat and the assailant was killed. If I recall correctly, the guy didn’t even have a conceal permit, but the Grand Jury no-billed him anyway and that was the end of it.
But as far as I know, even in Texas you aren’t allowed to booby trap your residence/business etc. It is illegal and does leave you open to lawsuits and criminal prosecution. A killer dog (with no priors) could be argued by any lawyer with much success that you didn’t know it would do that. A spring loaded shotgun couldn’t.
Sorry! Didn’t see there was a second page complete with quotes from Texas law. But I guess at least my memory of the law was still accurate.
But still the last point comparing the dog to a booby trap seems like a valid response to the op.
Killer dog: good
Booby trap: bad
HAHAHAHA, this site above the one posted by monkeypants is halarious! (http://www.suntimes.com/output/news...ws-booby25.html) it just shows how stupid some of the laws and such can be! that is crap! HE WAS GETTING ROBBED!! heh… sorry…caio 4 now!