(california) Legal To Use Pepper Spray On Aggressive Dog?
Location: California
Was on a walk in my own neighborhood when an unleashed dog ran out of its house, across the street, and up to me and my mother barking very aggressively and getting closer and closer. It got within six feet of us and we both thought it was going to attack us. I was shielding my mother, it was so bad.
The dog growled and barked at us, coming closer, for about 45 seconds to a minute before the owner came outside but stayed at his front door, called it, and it sprinted back inside. Owner did not acknowledge us.
I sometimes carry pepper spray on my walks and if I would have had it, I would have used it. That’s how close the dog was to us and how much I thought it was going to attack us.
That got me thinking - am I legally within my right to use the pepper spray if the dog is aggressive and close? If they sue me, do I have to prove self defense?
We didn’t know this particular house even had a dog and they live just five or six houses away. We’re always outside with our small kids. While maybe the dog won’t attack because it also lives with small kids, I don’t want to wait for it to lunge at one of us to see.
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