Okay I just got back from getting my haircut when I was talking to my mom about something and this kid was playing with his dog and a truck went driving down the street without his lights on and hit the puppy right in front of the kid who was no more than 5 feet away from the puppy...the truck then slowed down, looked back and then sped away, so I was wondering if you could sue someone for doing this cuz like I said the kid was only 11 years old...
FYI the dog wasn't a little chihuaha, it was more like a hound dog or labrador size dog.
2006-11-06 12:40:55 · 26 answers · asked by Anonymous in Pets ➔ Dogs
You can sue for anything you want....but that doesn't mean you'd win.
It doesn't matter how old the witness was. In this case, about the only way the driver could be held accountable would be if he had swerved out of his normal traffic path to hit the dog intentionally, if it were over to the side of the road instead of actually IN the road. The only thing that might change that in this case was that the driver didn't have his lights on...but that's not even cut-and-dry.
As sad as it was for the child, the dog should simply should not have been in the road....even if only 5 feet away. We have leash laws for a reason. Dogs in the road present a very real danger for human life. Accidents with human injury can happen when people hit animals, as well as when they swerve (into oncoming traffic, etc.) in order to avoid hitting them.
Had the driver hit the child and left the scene, he could be arrested and prosecuted for a crime....and there would be a good civil case against him, too.
But since the animal was in violation of restraint laws, I don't think there would be any legal recourse. In fact, the driver can actually sue the dog's owner for any damage to his truck.....and he'd win.
This was a very sad lesson for that child to learn. My heart goes out to him. But I'm betting (hoping) he'll never have one of his dogs out of his fence without a leash again. (And I personally don't think he's responsible as much as his parents are for not teaching him that in the first place.)
2006-11-06 13:01:34 · answer #1 · answered by A Veterinarian 4 · 2⤊ 0⤋
The owners of the dog would be found liable for negligence since the dog was off leash. About all they could recover would be half the cost of the dog. If the dog was a mutt, there wouldn't be much to recover, altho the pain for the loss of the dog would still be the same. It would depend on the price of a dog of the same type. The owner of the car could probably sue for damages to the car.
2006-11-06 13:24:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can sue someone for anything. Whether or not you will be successful is a whole other issue. In this case, probably not. Being a callous **** is not illegal, nor is it grounds for a civil suit. However, the kind of person who would do a "hit and run" on a dog will probaby do something else which will land him in hot water, resulting in jail or getting sued. The Karma Fairy has a way of invoking just consequences.
2006-11-06 12:47:49 · answer #3 · answered by Rob 4 · 1⤊ 0⤋
first of all y would you be able to sue??? wasnt your dog or your kid... (money hungry) well srry no you cant lights on or not the dog should not have been in the street do you think if the truck had its lights on the dog wouldnt have went in the street??? if you have a pet keep it under your care at all times and even if for a sec it breaks loose and gets hit you are still responsible...
2006-11-06 14:59:49 · answer #4 · answered by momoftwobestkids 3 · 0⤊ 0⤋
You can contact your local animal shelter with details of the drives rego number, however the responsibility remains with the owner of the animal, if the animal was not on a leash then you really don't have a legal 'leg-to-stand-on'. Morally the driver should have stopped and offered some sort of assistance, even if it was to take the dog and owner to the vet surgery.
2006-11-06 12:50:37 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Yes, you can sue.
How many people were witness?
Did you get the driver's license plate?
If it's just a few people, your case is weak.
If it's quite a few people, the case will be stronger. Just hitting a dog is one thing, but not even stopped is quite another.
2006-11-06 12:43:02 · answer #6 · answered by FaZizzle 7 · 0⤊ 0⤋
IF the driver did not stop, and the driver can be identified, you may be able to take legal recourse for animal cruelty. However, if your city has a leash law, then the dog owner can also be held criminally liable for violating the ordinance.
The age of the witnesses is immaterial in cases like this.
2006-11-06 12:45:42 · answer #7 · answered by ihave5katz 5 · 0⤊ 1⤋
this depends on the state! i use to live in Ohio where the driver could sue the animal owner for damage! now where i live(Alabama) the pet owner can sue for 2 times the cost of the dog! you should look into your state laws! so sorry to hear this! that poor kid!!:)
2006-11-06 12:55:08 · answer #8 · answered by rblankenship_rblankenship 5 · 0⤊ 0⤋
I'm glad the kid didn't get hit and I would have definitely reported it to the police because he is driving with no lights on at night. Yes, I think that person can be sued.
2006-11-06 12:46:43 · answer #9 · answered by Apple 6 · 0⤊ 0⤋
In some areas it is illegal to not stop after hitting a dog, or livestock (not cats or wildlife). Not that it stopped the person who ran my dog over.
2006-11-06 12:44:33 · answer #10 · answered by Cara B 4 · 0⤊ 0⤋