2007-09-12 17:20:06 · 28 answers · asked by Big U 1 in Politics & Government ➔ Law & Ethics
also i wasnt there but people saw it
2007-09-12 17:20:44 · update #1
no you cannot--like you said...your dog got loose...it is your fault
2007-09-12 17:33:53 · answer #1 · answered by Anonymous · 1⤊ 0⤋
What has happened to America? Here we have a guy who does not control his dog, the dog breaks loose -or was never restrained to begin with, and off the dog goes - ends up getting hit in traffic, and luckily only suffers a broken leg.
There is no indication or testimony from witnesses that the unlucky driver who hit your pooch did so on purpose, so more that likely the dog darted out into traffic - like a deer might - and by accident - was injured. And now the errant owner, who failed to control the animal, which was injured by accident, decides he's going to sue the Driver of the vehicle - who was unlucky enough to be at the wrong place at the wrong time.
Not every accident is or should be actionable - there are things that happen which are "NO Fault" that's why responsible people carry insurance on themselves and their family.
If anyone is in a position to sue, it is the driver of the vehicle that hit your dog, - if he was not speeding, was operating his vehicle legally, had a current and in force license at the time of the incident.
You are a shameless ***. I just bet that in addition to any vet bills you also planned to go for mental anguish, AND PAIN & SUFFERING FOR BOTH YOUR DOG AND YOUR SELF!!!
If you have reproduced, what are you teaching your spawn? That it's always better to avoid taking personal responsibilty, if you have a shot at suing someone for your mistake - Hey who knows - maybe the guy will toss a few hundred bucks your way just to avoid the hassle of going to court. Heck if he's gotta hire a lawyer, that's gotta cost him a couple grand right? So if you hit him up for $ 1,500.00 to forget the whole thing - he actually comes out $ 500 smackaroos ahead - Right? Hell - your doing him a Favor!!
And having said that, - people STILL wonder why insurance premiums are so expensive, and why if you are involved in an accident these days, you're likely to be assessed a portion of the responsibility just for being involved in the accident - event when the fault is clearly and undisputedly 100 % the fault of the other driver!
Unfortunately, this will never hit home with you, because it's not about right and wrong with you or morality - those concepts are clearly not of any real consequence to you, No I suspect that this whole incident was just a spontaneous business opportunity to cash in on.
All I can say is thaty what goes around, - comes around, and maybe - just maybe, one of these days your come-uppance will come home to roost.
2007-09-13 01:01:05 · answer #2 · answered by jtrall25 4 · 1⤊ 0⤋
You can allege negligence. The affirmative defense to a leash law, in theory, is what is referred to as "res ipsa," meaning that although you should have had your dog controlled, dogs don't automatically get hit by cars just because they're not on a leash. Hitting your dog can still be viewed as similar to hitting a pedestrian, although if the pedestrian is not in a crosswalk (is jaywalking) there is an apportionment of fault. What this means is, say the trier of fact (the judge) determines that you and your dog are 50% at fault and the (I assume) driver should have been more careful, if you sue for $5,000, the court may only award you $2,500 for emotional distress and vet bills. In addition, there could be extenuating circumstances, like you were putting the leash on your dog and he was startled by something and ran off. It would be a difficult case to win, for sure, but if your witnesses say the driver was speeding down the road, or it turns out the driver was under the influence, then it could be argued that the driver's negligence and violation of the law was a proximate cause of your dog getting injured. ln the case of a jury trial, a jury might easily be sympathetic to your dog and angry at the reckless driver. Consulting a lawyer does not cost you anything if you make a phone call, explain your case, and see if the attorney will take the matter on a contingent fee basis.
2007-09-13 00:25:34 · answer #3 · answered by Anonymous · 0⤊ 3⤋
If your dog was running loose in an area that has a leash law you were at fault.
I would let it go unless you have some evidence he tried to hit your dog. If that's the case (not likely) the police should arrest him for animal cruelty.
The driver probably feels terrible as it is. I know I would if it happened to me.
Besides, what would you gain? You would spend more money in time away from work, transportation and maybe attorney fees than you could recover for vet bills.
2007-09-13 00:31:41 · answer #4 · answered by Zelda 2 · 2⤊ 0⤋
Your town probably has an ordinance that says dogs cannot be allowed to roam free.
Unless someone can prove that the guy intentionally ran down your dog, not only can't you sue him (well you can sue but you won't win) but he can sue you for any damage your dog did to your care. You are also subject to a fine for letting your dog loose and possibly have violated animal welfare laws by allowing your dog to be injured. I've never heard of that last thing being prosecuted but you never know these days.
2007-09-13 00:26:07 · answer #5 · answered by Anonymous · 3⤊ 0⤋
Anyone who lets a dog loose is just asking for trouble. Unless the accident was NOT an accident, you don't have a leg to stand on, either. You may be sued for letting your dog go free - the driver may have nightmares from that or his car could be scratched.
Leave the lawsuits alone and take care or your dog.
2007-09-13 00:28:54 · answer #6 · answered by iwasnotanazipolka 7 · 1⤊ 0⤋
Yeah you could, but the question is, is it going to be worth your time and money ?
Are you going to hire an attorney, or rep yourself, and for a case like this an attorney is going to have to do alot of footwork, which will cost extra money $$$$$.
Do you have good contact information for the people you say saw your dog get hit ?
If you do, would they be willing to be subpoenaed to court for their testimony, and how reliable are they ?
More than likely you can only take the person who hit your dog to civil court, no D.A. in the world would try to prosecute someone for that.
And also another thing is how do you know if he/she that hit your dog , knew they hit it ?
I'm not trying to talk you out of doing what you think is right but just remember somethings are easier said then done.
2007-09-13 00:36:13 · answer #7 · answered by Critter101 2 · 0⤊ 1⤋
No you cant sue the person who hit him. As far as the law is concerned, you should have had your dog tied up or in a fenced in yard. You own the dog, its your responsibility to keep him in a safe place. The person who hit your dog didnt do it on purpose unless they are a very sick minded person, likely your dog ran out in front of their car and they probably tried to stop to avoid hitting him. They are victims too, it is traumatizing to hit an animal, especially to find out that the dog belongs to someone.
2007-09-13 00:31:34 · answer #8 · answered by Somaesthesia 5 · 2⤊ 0⤋
what in the world would you sue them for?they did absolutely wrong. on the other hand you did something wrong by not having the dog on a leash.how did he get loose from you?the guy that hit your dog can sue you for not having your dog on a leash and the dog caused damage to his vehicle.
----retired texas deputy sheriff----
2007-09-13 02:39:00 · answer #9 · answered by charlsyeh 7 · 0⤊ 0⤋
No, once your dog got loose you lost the ability to sue. If the dog had been on a leash maybe you could of. If he is generous he might pay for the vet bills, but that is up to him.
2007-09-13 00:26:24 · answer #10 · answered by spider1620 4 · 1⤊ 1⤋
You failed to keep your pet restrained, and it was in an area not normally occupied by pets. The owner of the car may be able to sue you if the damage to his car was significant enough to incur costs. The responsibility falls to the pet owner, when a pet is allowed to run loose, even on accident. so the answer to your question is no.
2007-09-13 00:25:31 · answer #11 · answered by Anonymous · 3⤊ 0⤋