Delaware Code

Title 7 Conservation
Part 1 - Game, Wildlife and Dogs
Chapter 17 - Dogs
Subchapter 1 - General Provisions


§ 1709. Injuring or killing dogs for certain acts.

(a) Any police officer, constable or dog warden who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.
(b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry or another human being at the time such dog is attacking such livestock, poultry or human being.
(c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.
(d) Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor.

(Code 1915, § 2406G; 34 Del. Laws, c. 185, § 1; Code 1935, § 2871; 7 Del. C. 1953, § 1706; 70 Del. Laws, c. 105, § 10; 71 Del. Laws, c. 135, §§ 6-8, 16; 71 Del. Laws, c. 431, §§ 1, 10.)

§ 1711. Liability of dog owner for damages.

The owner of a dog is liable in damages for any injury, death or loss to person or property that is caused by such dog, unless the injury, death or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting or abusing the dog.

(Code 1915, § 2406J; 34 Del. Laws, c. 185, § 1; 36 Del. Laws, c. 231, § 1; Code 1935, § 2874; 7 Del. C. 1953, § 1709; 57 Del. Laws, c. 739, § 79; 71 Del. Laws, c. 431, § 11.)

 

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