I have probably handled 100 or so claims where a dog escapes from a house or yard. The dog runs into the street. A car, not seeing the dog, or seeing the dog and not caring, drives up and BAM! Car into dog. Fortunately, the dog usually survives. (I am a dog lover, having 3 myself.)
What do you do when this happens? Who is responsible for the damages to the car? Who is responsible for the damages to the dog?
In areas where there is a leash law, the car owner, or the insurance company for the car owner, will usually argue that the dog owner is at fault for violating the leash law. As silly as it sounds, when I worked for a now non-existent insurer, we made that argument and own. And the damages to a car can be substantial, especially if Rover is a Great Dane!
However, the car driver can also be responsible. If the driver saw the dog and did not take reasonable steps to avoid the dog, things like braking or swerving, the driver can be responsible. The driver may also be responsible if he/she was speeeding in a residential neighborhood.
The facts to each case will be important. However, dog owners need to be aware that they can be held responsible if their dog escapes and damages someones property!
I am a new comer to Birmingham, Alabama and I am curious of the legal rights of dogs in Birmingham. I own a house in a new housing addition in Birmingham, Alabama. My puppy recently got hit outside on the street, infront of my house, by a man going 15-20 miles over the speed limit. (5/1/06) The man admitted his fault and said he'd pay for the bill at the vet and even told my husband and I which vet to go see; upon the bill to be paid, the man sent a different man to the vet who refused to pay due to the cost of xrays and medicine for the puppy to get well. He said to bad I guess you should watch your dog and we're even. I had watched my dog, I was actually trying to get my dog on another leash because he had bit through the one I had had him on. I almost jumped infront of the car to save him but I was too late. I feel he should pay in full because my dog is my companion. I keep thinking what if it was one of the kids in the neighborhood, 45-50 mph in a under construction residental neighborhood is just to fast to go. Am i correct according to the law that he should pay in full? Thankfully, so far Buggster, my puppy, is just displaying signs of a sprain paw. I pray he heals completely and is ok. If it were a kid he'd be in jail, do the courts view animals like kids or comanions where justice may be served.
Sincerely,
animallover
email: mosaicepsoninfo@yahoo.com
Posted by: christina | May 01, 2006 at 10:14 PM