my dog got hit by a car should i sue the guy who did it?
She got out of the gate about 3 weeks ago and got hit by a suv and now shes having complications.
on Oct 19th 2009
in Laws & Legislation
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I'm so sorry that happened. now unfortunately it's going to be hard to do anything legally due her getting out of the gate. As far as i know most states have a leash law which is meant to keep dogs under control and if you lose control (getting out of a gate) you assume liability.
Diesel answered on 10/19/09. Helpful? / 0
You can try, but since she wasn't on your property or under your control, you probably won't succeed. You might also be opening yourself to charges related to leash laws....
My best suggestion would be to contact a lawyer in your area and ask their opinion, since they would be the ones who can tell you what to expect.
Rusty answered on 10/19/09. Helpful? / 0
It is YOUR responsibility to keep your dog under control...You can sue the guy who hit your dog but you won't win.
If you try suing you will look like an idiot......I'm not trying to sound rude but it's the truth. I dont understand why some people think that everyone else should be responsible for their dog when it's your responsibility. Mind you if someone drove into your yard, where your dog was tied up then of course by all means sue.....but your dog running loose and getting hit is not the drivers fault. Actually, I know of a man who tried avoiding hitting a dog when one ran out in front of his car and he ended up hitting another car and killing a child.
Ruby answered on 10/19/09. Helpful? / 1
I'm so sorry to hear your dog was injured like this. You're lucky she's alive after a head to head with a car!
In order to have grounds to sue someone, you have to assume that the person intended to do something or was negligent in some way. The person who hit your dog was just presumably driving down the street and it's not really like he "did it" it was just an accident. He probably feels terrible the he hit her.
Ultimately, from a legal standpoint (as well as an ethical one) this person really did nothing wrong. It was a true accident and I'm afraid that even if you were to make it all the way in front of a judge, they'd tell you that legally it's your responsibility as the dog was not on private property and the driver wasn't doing anything reckless or intentionally negligent.
Again, sorry your dog is injured. Hope she makes a speedy, full recovery.
Jack answered on 10/19/09. Helpful? / 0
In most states YOU can be sued for damages to the person's car!! This happened to a friend of mine whose dog got out and was hit. Believe it or not, YOU are responsible for the actions of your dog, and a loose dog is an avoidable driving hazard which makes you responsible for any and all damages and/or injuries to the car and driver and/or passengers resulting from your dog being in the road and getting hit.
Im very sorry to hear that this has happened but unfortinatly there is nothing you can do leagily.
As the dog was off leash off your property it is by law not the drivers fault. this is the sad but honest truth.
I hope she is ok in the end and she has a long and happy life.
Max answered on 10/19/09. Helpful? / 0
I don't really think you have any grounds to sue the guy that did it. The problem here is that your dog got out of the gate, and you are suppose to make sure the dog can't do these things. You are responsible for this, and as much as I know it hurts, it's really your fault. I think you should just be getting help for your dog, and hope that she pulls through.
Ace answered on 10/19/09. Helpful? / 0
It's your responsibility. I am sure the insurance company will be in touch with you for ANY damages to the SUV.
Sailor answered on 10/19/09. Helpful? / 0
The guy hit your dog because YOU didn't have your dog safely confined in your yard. NO you cannot sue him.
I wouldn't be surprised if he sued you for any damages done to his vehicle on account of your carelessness.
I'm sorry you have vet bills but pull out the wallet, your the one who will be paying.
♥ DEOGIE ♥ answered on 10/19/09. Helpful? / 0
I agree with the majority that you could never win a lawsuit. The problem appears that medical costs are mounting up. Has the person who hit your dog inquired in the last three weeks about how's she is doing? Most people would feel terrible if they hit an animal, regardless if it was their fault or not. Perhaps you can talk to the driver and let them know how she's doing and just how expensive the medical treatments are. Tell them you are wondering whether their auto insurance might help with the bills. (It couldn't hurt to submit them....) Although it's a long shot, it might get them thinking and perhaps they will step up and help with the vet bills regardless. Do not get aggressive with them. If they are going to help you, it will be by them being a good Samaritan and possible dog lover. It probably all depends on their financial situation. Don't expect them to pick up the full tab. Good luck! I hope your dog recovers quickly.
Lucy answered on 10/19/09. Helpful? / 0