Justice for Smoky: Dog Declared "Not Dangerous"

At Boston Dog Lawyers, we fight for the rights of pet owners, ensuring that their pets aren’t unfairly punished for acting on instinct. One of our most recent cases, defending a 13-year-old Labrador-Pitbull mix named Smoky, is a powerful example of why legal advocacy for animals matters.

Smoky at the wedding

The Case: A Wedding, an Altercation and a Dog’s Instinct

In October 2022, a family wedding turned chaotic when an altercation broke out among guests. Amidst the commotion, Smoky, who was part of the celebration, reacted by biting a relative on the upper arm. The injury was severe, leading to significant bleeding, muscle disconnection and nerve damage. The victim, believing Smoky to be dangerous, petitioned the Wareham Select Board to have him euthanized.

The Defense: Understanding the Law and a Dog’s Nature

Representing Smoky and his owner, Attorney Jeremy Cohen argued that Massachusetts law clearly defines when a dog can and cannot be deemed dangerous. The law states that if a dog reacts to provocation, an attack or an assault in a way that is not "grossly disproportionate" to the situation, it cannot be labeled dangerous.

Both parties testified that an altercation occurred, and the Select Board agreed that Smoky’s response was reasonable given the circumstances. The law is meant to protect both humans and animals, ensuring that dogs are not unfairly punished for instinctive, protective behavior.

The Verdict: Justice for Smoky

After hearing the evidence, the Select Board ruled in Smoky’s favor, concluding that the burden of proof had not been met to classify him as a dangerous dog. While acknowledging the severity of the injury, the board recognized that Smoky acted not out of aggression but out of instinct during a volatile situation.

As part of their decision, the board recommended reasonable precautions to ensure public safety, including: 

• Keeping Smoky on a leash in public.

• Insuring he is handled by someone capable of maintaining control.

• Seeking insurance for Smoky (a voluntary recommendation, not a mandate).

Smoky’s owner agreed to these precautions, reinforcing her commitment to responsible pet ownership.

Why This Case Matters

This case highlights an important legal principle: dogs, like humans, have the right to defend themselves when provoked. It also underscores the importance of applying the law fairly rather than allowing emotions to dictate the fate of a beloved pet.

Smoky’s story serves as a reminder that legal advocacy for animals is crucial. Without proper defense, many dogs could face unjust consequences simply for following their instincts. At Boston Dog Lawyers, we remain committed to ensuring that justice is served for pet owners and their furry family members.

If you or someone you know is facing a similar situation, reach out to us.

Every dog deserves a fair defense.

Read the full story here.