Family asked to pay for car damage after dog run over

[davjohns 1]

Did the dog have the light?

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.

[airtwardo 6]

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one relevant question-Did the driver chase the dog through the dog owner's yard to hit it? If the answer is no, the dog owner is responsible. My dogs have gotten out in the past and if they damage anything-it's my problem.

That's Ruff...ruff!

~ If you choke a Smurf, what color does it turn? ~

[strop45 0]

I believe that if you hit a cow or a sheep here and damage your vehicle - unless the driver can show that the farmer was negligent (i.e. knew the animal was loose on the road side or fences were not adequate) generally the driver is responsible for the value of the animal.

Horses and dogs, the animal owner is responsible for damage to the the vehicle.

The difference between stupidity and genius is that genius has its limits." -- Albert Einstein

[davjohns 1]

Some states in the US are open range. You are on notice that there might be cattle, horses, sheep, etc. on the road. You hit it; you bought it.

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.

[SivaGanesha 2]

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We don't know if the driver was drunk or not but we do know that the dog was not on a lead and thus not under control.

You are correct--we don't know--and that is the whole problem. State Farm has made (as far as I can tell) a unilateral determination that one side is liable based solely on evidence provided by the other side. The dog owner may well be responsible but the mechanism to determine this should not be an ex parte decision by State Farm.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[MBiegs 0]

Where is that? Are there signs designating it? I'm honestly curious about this because it seems like a bad way to keep your cattle/sheep/horses from running off. All they'd have to do is walk down the road and they could go anywhere a car could go.

[Zymurdoo 0]

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of course they should pay i dont know how it is in the states but here in ireland if your animals(pets or farm animals) cause damage to someone elses property in anyway you are legally liable

Arizona has Open Range laws. Dogs = dog owner's responsibility. Cow = Driver pays for cow at full expected slaughter weight and possibly more. I have heard of the rancher being paid for future unborn calves.

Blue Skies, Soft Docks and Happy Landings!
CWR #23
(It's called CRW, add an e if you like, but I ain't calling it CFS. FU FAI!)

[redlegphi 0]

I love my dog. She's a member of my family. And, being a lab, she likes to run around outside. Which is why I invested several thousand dollars to have a fence put up around my backyard. Just letting your dog roam a residential neighborhood is rude.

[Coreece 190]

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Should the dog owner have to pay for the damage to the vehicle which killed their dog?

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

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

[remibond 0]

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Should the dog owner have to pay for the damage to the vehicle which killed their dog?

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?

[timmyfitz 0]

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Should the dog owner have to pay for the damage to the vehicle which killed their dog?

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

Very bad analogy. Are there leash laws for deer?

[davjohns 1]

MB: Google might could help on this one. I know Texas is open range. I'm pretty sure Arizona and New Mexico are. Basically, if they are big into cattle in that state, they will be. I can't recall whether there are signs when you enter the state or not. The law generally requires that you be familiar with that state's laws when you drive there. I know it sounds a bit silly, but that's the way it is.

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?

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.

[Andy9o8 0]

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Are there leash laws for deer?

I'll be happy to draft one if you'd like. For a reasonable fee, of course.

[Andrewwhyte 1]

Do the open range laws cover limited access highways?

[Andy9o8 0]

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In this case State Farm has made a unilateral determination based on only one side of the story. The other party has to be given the right to tell their side of the story.

Just to be clear, all that State Farm has done is to lodge a claim against the dog owners. The dog owners are free to ignore it, or to tell SF to piss off. Should that occur, the ball is in SF's court to decide whether or not to sue the dog owners. If it does not sue them, the claim might be abandoned. If it does sue them, the owners will then have the chance to tell their side of the story.

[turtlespeed 212]

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I wonder if this would apply if a child was run over.

Officer I was driving down the road and this child jump right out in front of me. Look at the damage that was done to my front end.

I don't believe there is a "child leash law".

Well, there are 52 state or state-like jurisdictions, aside from Federal jurisdiction, in the US. Each one has its own set of laws. While I doubt that any of them require leashes on kids per se (not that there's anything wrong with that), all US jurisdictions place a legal duty on parents and guardians to adequately supervise their children. In fact, if, for example, a child darts out of his front yard and is hit by a car, and the parents sue the driver, it is fairly common for the driver to defend against the parents, and frequently even file a counter-claim against the parents, on a theory of negligent supervision.

Well . . . YEAH . . . The parent is responsible.
My comment referred to the Leash Law for pets.

There is no "Leash Law" for children, so the analogy/comparison was bunk.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[DARK 0]

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Personally, I would make them sue me.

and thats the problem with your country right there folks, take personaly responsibility for something ffs

[LongWayToFall 0]

My friend and I were driving in his car a few months back, and hit a brown lab, which had run out right in front of the car. The dog was injured severely, and limped over to the house it had come from. The owner was not there, and the dog had managed to dig under the side gate and get loose. We rang the door and got the neighbors out, none of which had the owner's cell number. We were in a bit of a pickle, because the dog was dying and we didn't want to see it suffer, but we also did not want to drive off with this guy's dog. (also, we would have had to pay for the bills at the time, correct? I don't think there is a law like hospitals have where they are required to stabilize the patient) This was also an issue because if the dog owner decided not to pay for treatment, we might have been stuck with the bill. At the time, we were determined to see the dog get care, and luckily the neighbor volunteered to take the dog in, but right before they left the owner arrived, and took the dog himself. The owner did not seem upset, but later he called my friend and told him the dog had died, and was quite upset. He even went so far as to insult my friend, which made me incredibly pissed. My friend is not the type who handles these situations well, and I know he was very sad when he hit the dog, and I feel like the owner deserved an ass kicking for trying to blame my poor friend for hitting his dog when it was obviously his fault. Nothing became of it, because I also felt sorry for the owner, but the moral of the story is 1. KEEP YOUR FUCKING PETS UNDER CONTROL 2. Make SURE your neighbors have a way of contacting you in an emergency.

So, who would have payed the dog's emergency bills at the time? It certainly was a dilemma, we were planning on doing it though, poor dog.

P.S. Luckily the car was not damaged, so that portion of the story was a non factor.

[Coreece 190]

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Does the state legally own the deer?

well...they sell them, so whatever.

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

[Coreece 190]

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Very bad analogy.

I know...so what?

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Are there leash laws for deer?

maybe there should be.

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

[ltdiver 3]

Had a similar thing happen to me, here on our own block. A neighbor's dog (a golden lab) darted out right in front of my car and went under it. It was a sickening sound. Neighbors were out in front of their house, but didn't have control of their pet.

I felt awful and attempted to help, but the dad scooped up the dog and took him to the vet. I stopped by a couple days later to check on them all. They were very terse, but laid no blame. Dog's injury: Broken leg that needed surgery. Other than that he was okay.

Now, when I drive by, their dog is still able to run free, but they keep a tight (verbal) command on him now . . . and he obeys.

Don't tell me the sky's the limit when there are footprints on the moon

[billeisele 122]

you guys are crazy, certainly you don't expect anyone to take responsibility for ther actions

why should I have to pay for the car, SF has plenty of money, it won't hurt them to pay

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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Personally, I would make them sue me.

and thats the problem with your country right there folks, take personaly responsibility for something ffs

Please don't twist my words. If you look at my entire post, you will see that the entire facts of the situation are not present, the insurance company is demanding an amount that seems excessive, and I would make them prove their case. In my country, that means a court case. I am very proud of the fact that my countrymen don't roll over and die any time someone tries to walk on them. Thanks.

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.

[timmyfitz 0]

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Does the state legally own the deer?

well...they sell them, so whatever.

The state sells them? Incorrect.

[timmyfitz 0]

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Very bad analogy.

I know...so what?

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Are there leash laws for deer?

maybe there should be.

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