ridiculous

naoki · 05-09-2008, 01:55 PM

This was on MSN this morning. It's justn ridiculous. some people...

http://www.msnbc.msn.com/id/24530214/?GT1=43001

-n

Roscosmom · 05-09-2008, 02:07 PM

I dunno..I can see both sides. If I ever hit a dog that was OFF leash I would be pissed at myself, and pissed at the owners. It was dark, the dog was black...accidents happen. And it caused $1,100 in damage.

With that said, I can see the owners point of view as well..but not to the degree that I see the drivers..

naoki · 05-09-2008, 02:14 PM

I just wonder a 13 LBs dog can do such damage to the car.

-n

Roscosmom · 05-09-2008, 02:19 PM

I thought that,too! He must have been going extremely fast- I hate people who tear through residential areas like that. But even moreso of a reason to watch your dogs. Judging by the article- the little dog slipped out WHILE letting her other dog IN..so apparently she would let them out front in an unfenced area.

I have a neighbor down the street who has a chihuahua that she lets out front by itself ALL the time. It kinda (more than kinda) rubs me wrong because the dog will eventually get hit, stolen etc. Sucks.

Mycathinks hesadog · 05-09-2008, 02:33 PM

prime example of why it is too easy to sue somebody in this country.

naoki · 05-09-2008, 02:36 PM

Quote:

I have a neighbor down the street who has a chihuahua that she lets out front by itself ALL the time. It kinda (more than kinda) rubs me wrong because the dog will eventually get hit, stolen etc. Sucks.

I agree. It really amazes me seeing and hearing that type of things.

-n

lovemygreys · 05-09-2008, 02:55 PM

I imagine the driver will probably win if they can prove the dog did the damage to their car...and the dog owner will probably lose their counter-suit. As it should be. Why should the car owner suffer financial/property loss b/c the dog owner failed to control their animal. Of course, that's why you have insurance. I hit a deer last weekend ($4000+ in damage) and our insurance company is paying...can't sue mother nature or the deer.

Ella'sMom · 05-09-2008, 03:13 PM

The dog snuck out of the house!!! It wasn't "off leash" per se.....it was an accident that the dog escaped and got hit. My god I can't believe he is suing. That just pisses me off.

Durbkat · 05-09-2008, 04:38 PM

Right ella's mom, BUT the front yard was not fenced so neither dog should have been outside without a leash so it is the owner's fault for not at least having a solid recall if they are to stupid not to put a leash on.

animalcraker · 05-09-2008, 05:10 PM

Quote:

Originally Posted by Ella'sMom

The dog snuck out of the house!!! It wasn't "off leash" per se.....it was an accident that the dog escaped and got hit. My god I can't believe he is suing. That just pisses me off.

Just because it was an accident that doesn't mean the dog owner isn't responsible for the damages done to the guys car. If I accidently run into someones car then I'm responsible to pay for the damages I caused.

Quote:

Originally Posted by naoki

I just wonder a 13 LBs dog can do such damage to the car.

-n

He's not just suing for the damage to his car. He's suing for having to take time off from 2 jobs to get his car repaired and court cost. He probly won't get the time off from work because in the law you are required to try to mitigate your damages. If he rented a car so he could get to work than he would get that, but he won't get the pay he's out from not attepmting to go to work.

And yes a small dog could easily cause $1100 worth of damage, depending on the car it damaged. Many newer or fancy cars need entire components replaced not just repacing a broken wire or switch. If you've damaged your 5 mph impact bumper, then it should be entirely replaced, not just buffing out a dent or realigning it.

SeraphicN · 05-09-2008, 05:27 PM

Quote:

Originally Posted by animalcraker

Just because it was an accident that doesn't mean the dog owner isn't responsible for the damages done to the guys car. If I accidently run into someones car then I'm responsible to pay for the damages I caused.

Are you talking about running into someone else's car with your car? What if he hit you accidently while you were walking/jogging/running? Would you still feel responsible then?

I think instead of placing blame, it's important to remember that accidents happen. No matter how well-trained our dog or how careful of owners we are, tragedies like this are still always a possibility.

Inga · 05-09-2008, 05:38 PM

Quote:

Originally Posted by Durbkat

Right ella's mom, BUT the front yard was not fenced so neither dog should have been outside without a leash so it is the owner's fault for not at least having a solid recall if they are to stupid not to put a leash on.

My front yard is not fenced either. I take my dogs for a walk (on leash) I come in the front door. When Carsten was younger he would stay home for part of the walk and then I would come home (the front door) to pick him up for the rest. He tried to sneak past me a few times. My point being that even the most responsible owner can have and accident. So far, Carsten never got past me. One of those speedy jumpy small dogs might have. Anyone who thinks that their dog is always under their control and that accidents do not happen might live to find out how wrong that statement is.

lovemygreys · 05-09-2008, 05:47 PM

Quote:

Originally Posted by Inga

My front yard is not fenced either. I take my dogs for a walk (on leash) I come in the front door. When Carsten was younger he would stay home for part of the walk and then I would come home (the front door) to pick him up for the rest. He tried to sneak past me a few times. My point being that even the most responsible owner can have and accident. So far, Carsten never got past me. One of those speedy jumpy small dogs might have. Anyone who thinks that their dog is always under their control and that accidents do not happen might live to find out how wrong that statement is.

Very true. Even the most cautious owners - even those who practice recall with their dogs all the time - can still have a dog get loose. Accidents do happen. That said, if one of my dogs were to get loose and cause an accident (doG forbid), I would feel responsible for the damages caused. Ultimately, it is my responsibility to control my animals and if one gets loose - despite my best efforts - then I'm responsible.

Dakota Spirit · 05-09-2008, 05:49 PM

Quote:

Originally Posted by lovemygreys

Ultimately, it is my responsibility to control my animals and if one gets loose - despite my best efforts - then I'm responsible.

Amen to that.

Durbkat · 05-09-2008, 05:52 PM

Well, no offense to you inga but just a statment to anyone reading, if my dog was a door darter I would have someone hold him back when I opened the door or I'd put a baby gate up to keep away from the enterance while I am working on stopping the door darting instead of saying that it just happens.

kelliope · 05-09-2008, 07:27 PM

I feel very sad for the dog owner that they lost their little dog in such a tragic way and now they are going to have to pay for damages.

I understand it's the law, but it is quite sad for the owners.

animalcraker · 05-10-2008, 01:06 AM

Quote:

Originally Posted by SeraphicN

Are you talking about running into someone else's car with your car? What if he hit you accidently while you were walking/jogging/running? Would you still feel responsible then?

I think instead of placing blame, it's important to remember that accidents happen. No matter how well-trained our dog or how careful of owners we are, tragedies like this are still always a possibility.

I was saying that accidents to happen, but you still have to be responsible for your actions whether it was an accident or not. The owner didn't mean to let her dog run out and the guy didn't mean to hit her dog and kill it. Dogs get hit by cars all the time causing damages I don't get why this incident is highlighted so much in the media and around the net.

And last I heard about the story the dog owner is countersuing for $2400 fro the cost of the dog, the cost of a replacement dog, and time they had to take off work for the court appearences.

tigress · 05-10-2008, 12:05 PM

Quote:

Originally Posted by Durbkat

Well, no offense to you inga but just a statment to anyone reading, if my dog was a door darter I would have someone hold him back when I opened the door or I'd put a baby gate up to keep away from the enterance while I am working on stopping the door darting instead of saying that it just happens.

yeah, because there is always some one at home at your house to do that...

Some of us actually have a house that does end up being empty cause everyone is at work/school/somewhere else.

Sorry, but there is no way you can 100% gaurentee your dog will *never* get out.

That being said, I can concede the point even if it was an accident and the person was being as responsible as possible, she is still responsible for the damage to the car.

britishbandit · 05-10-2008, 12:26 PM

Quote:

Originally Posted by lovemygreys

I imagine the driver will probably win if they can prove the dog did the damage to their car...and the dog owner will probably lose their counter-suit. As it should be. Why should the car owner suffer financial/property loss b/c the dog owner failed to control their animal. Of course, that's why you have insurance. I hit a deer last weekend ($4000+ in damage) and our insurance company is paying...can't sue mother nature or the deer.

Well said!

Lorina · 05-10-2008, 01:28 PM

It's sad, but legally, the driver is able to sue. A dog is legally considered property, and as such, is no different than if you put a couch out in the middle of the street and someone hit it. The driver is entitled to an amount to cover the damages.

From a snarky point of view, though, is an 11 year old car even worth $1100? I mean... I know most foreign cars retain their value more than domestics, but when I traded in my 1997 Tracker in 2002, I got $700 as a trade in value on it.