Family asked to pay for car damage after dog run over

[skyrider 0]

As much as I love my dogs,It is MY job to keep them under control at all times, which means Out of the street...It sucks, but yep, they are at cause for the damage!

[RackJR 0]

I wasn't gonna comment on this, because it seemed everyone was pretty much saying the same thing: The dog owner is to blame.

Then I voted, and saw that 16% (9) people who voted said the owner is not to blame, ie should not have to pay damages.

I've had dogs all my life, and they have been my kids. If my dog gets out, and bites someone, I am responsible. If my dog gets out and kills another animal, I am responsible (this actually happened, a chicken). If my dog gets out, and destroys someone's property, I am responsible. Why is it different if my dog is killed? He is loose, and causes damage. I am responsible.

Seems like some folks are voting with their hearts, and not their brains. I realize it's sad the dog is dead. I would be heartbroken. And I would pay for the damage he caused.

Say what you mean. Do what you say.

[DARK 0]

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In my country, that means a court case.

no it dosnt it means going to a garage or two with the owners of the car to get a few competeing quotes and then paying them the average one, or asking for photographs of damage(which insurance inspectors take and bringing them to a garage for a quote.

but no, you do the irresponsible thing and make it as difficult as possible for them, thus driving up insurance costs for everyone and perpetuating the cycle of never accepting fault for anything and creating the litigation state you live in

its one of the worst features of american society

[Coreece 190]

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The state sells them? Incorrect.

Sure they do...

Your secrets are the true reflection of who you really are...

[racerman 0]

No!!!! The family should sue the vehicles driver for emotional distress, loss of affection etc. I mean why not isn't that the way society has become?

[Coreece 190]

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Lets not stop with deer. we should have leash laws for rabbits, squirrels, raccoons, opossum, etc. Ridiculous.

Sounds good to me...It might even create a bunch of new jobs and lawsuits.

(this is fun...didn't expect so much action.)

Your secrets are the true reflection of who you really are...

[billeisele 122]

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No!!!! The family should sue the vehicles driver for emotional distress, loss of affection etc. I mean why not isn't that the way society has become?

and the driver and passengers should counter sue for emotional distress, stress, loss of wages, etc. - I just keep hearing that thump-thump noise, can't get it out of my head, I can't sleep!!

I guess if the lady down the street knew that i've trapped 14 of her stray cats she would sue - all unregistered, out of her yard with no collars as required by law

Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.

[Andy9o8 0]

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No!!!! The family should sue the vehicles driver for emotional distress, loss of affection etc. I mean why not isn't that the way society has become?

and the driver and passengers should counter sue for emotional distress, stress, loss of wages, etc. - I just keep hearing that thump-thump noise, can't get it out of my head, I can't sleep!!

I guess if the lady down the street knew that i've trapped 14 of her stray cats she would sue - all unregistered, out of her yard with no collars as required by law

http://www.animallaw.info/articles/dduscats.htm#IIA

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In South Carolina, the term “pet” in the vaccination law appears broad enough to encompass cats. Section 47-5-20(c) specifically defines pet as "only domesticated cats, dogs, and ferrets." SC ST § 47-5-20(c). Thus, cats are required to wear tags showing rabies vaccination according to state law:

A pet owner must have his pet inoculated against rabies at a frequency to provide continuous protection of the pet from rabies using a vaccine approved by the department and licensed by the United States Department of Agriculture. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on the certificate. The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate to the owner of the pet and must retain one copy in his files for not less than three years. With the issuance of the certificate, the licensed veterinarian shall furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued . . .

SC § 47-5-60. [Emphasis added]

This conclusion is buttressed by the fact South Carolina assesses a fine if a cat is found at large with no proof of immunization:

The county or municipal animal shelter personnel or governmental animal control officers shall pick up and impound or quarantine any dog running at large or quarantining any cat. To obtain release of his dog or cat, an owner or keeper must satisfy the animal shelter personnel that the dog or cat is currently inoculated against rabies and also pay an impound or quarantine fee determined by the governing body of the county or municipality. Payment of this fee bars prosecution under Section 47-3-50. All fees collected must be delivered to the county or municipal treasurer for deposit in the general fund of the county or municipality.
SC ST § 47-3-40. Whether this law is actually interpreted to require cats to wear vaccination tags or whether it is actually enforced as such cannot be determined by an examination of the law or cases.

[hwt 0]

Like a good neighbor..State Farm is there......

After reading this, I would never buy a thing from that company..

[Southern_Man 0]

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if so, than the state/nation should be responsible for a deer running out from a state/national forest/park onto a public road...

Does the state legally own the deer?

Legally the state does claim to own the deer. It is part of how they license hunters (and fishermen, doesn't just apply to deer). It is a bit of a legal fiction of course. The state does not allow themselves to be sued for damage created by animal.

"What if there were no hypothetical questions?"

[Southern_Man 0]

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And I agree that the insurance company does not decide fault. They merely decide whether they are going to pay or pursue the other party in court. Personally, I would make them sue me. And for that amount, how big was that dog and how fast were they going?

In many (most?) states homeowners insurance or renters insurance would also cover damages by the dog, so it might well end up w/ one insurance company suing the other one or one company deciding it wasn't worth it to pursue.

"What if there were no hypothetical questions?"

[billeisele 122]

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No!!!! The family should sue the vehicles driver for emotional distress, loss of affection etc. I mean why not isn't that the way society has become?

and the driver and passengers should counter sue for emotional distress, stress, loss of wages, etc. - I just keep hearing that thump-thump noise, can't get it out of my head, I can't sleep!!

I guess if the lady down the street knew that i've trapped 14 of her stray cats she would sue - all unregistered, out of her yard with no collars as required by law

http://www.animallaw.info/articles/dduscats.htm#IIA

Quote

In South Carolina, the term “pet” in the vaccination law appears broad enough to encompass cats. Section 47-5-20(c) specifically defines pet as "only domesticated cats, dogs, and ferrets." SC ST § 47-5-20(c). Thus, cats are required to wear tags showing rabies vaccination according to state law:

A pet owner must have his pet inoculated against rabies at a frequency to provide continuous protection of the pet from rabies using a vaccine approved by the department and licensed by the United States Department of Agriculture. Evidence of rabies inoculation is a certificate signed by a licensed veterinarian. The rabies vaccination certificate forms may be provided by the licensed veterinarian or by the department or its designee. The veterinarian may stamp or write his name and address on the certificate. The certificate must include information recommended by the National Association of State Public Health Veterinarians. The licensed veterinarian administering the vaccine shall provide one copy of the certificate to the owner of the pet and must retain one copy in his files for not less than three years. With the issuance of the certificate, the licensed veterinarian shall furnish a serially numbered metal license tag bearing the same number and year as the certificate with the name and telephone number of the veterinarian, veterinary hospital, or practice. The metal license tag at all times must be attached to a collar or harness worn by the pet for which the certificate and tag have been issued . . .

SC § 47-5-60. [Emphasis added]

This conclusion is buttressed by the fact South Carolina assesses a fine if a cat is found at large with no proof of immunization:

The county or municipal animal shelter personnel or governmental animal control officers shall pick up and impound or quarantine any dog running at large or quarantining any cat. To obtain release of his dog or cat, an owner or keeper must satisfy the animal shelter personnel that the dog or cat is currently inoculated against rabies and also pay an impound or quarantine fee determined by the governing body of the county or municipality. Payment of this fee bars prosecution under Section 47-3-50. All fees collected must be delivered to the county or municipal treasurer for deposit in the general fund of the county or municipality.
SC ST § 47-3-40. Whether this law is actually interpreted to require cats to wear vaccination tags or whether it is actually enforced as such cannot be determined by an examination of the law or cases.

the county has a leash law that applies to cats, and all animals must be registered, have a tag and rabies shot

Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.

[davjohns 1]

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In my country, that means a court case.

no it dosnt it means going to a garage or two with the owners of the car to get a few competeing quotes and then paying them the average one, or asking for photographs of damage(which insurance inspectors take and bringing them to a garage for a quote.

but no, you do the irresponsible thing and make it as difficult as possible for them, thus driving up insurance costs for everyone and perpetuating the cycle of never accepting fault for anything and creating the litigation state you live in

its one of the worst features of american society

Please read the original story. Then, look up the word reimbursement. Now, you will see that your proposed solution is impossible.

The insurance company asking for reimbursement means repairs have been made and paid for. The insurance company's actions have precluded the pet owners getting second opinions on the damage.

Moreover, if you would be so kind as to attend law school, pass the bar and deal with insurance companies for a few years (as I have), you will learn a bit about insurance companies and the law. Then, you might not be so quick to add impossible facts to a scenario and come to a pre-conceived conclusion.

Now that we have taken to changing historical fact to fit personal opinions, and progress to attacking the United States for protecting the individual, I take my leave of another ridiculous thread.

I know it just wouldnt be right to kill all the stupid people that we meet..

But do you think it would be appropriate to just remove all of the warning labels and let nature take its course.

[racerman 0]

LOL