Would you sue someone who hit your pet with their car?

[TravelingGal]

If your pet ran out into the street right in front of their vehicle and they tried to stop but couldn't stop on time?

 

[kenny]

No.

Accidents happen.
They are accidents.

But the dog should sue her human for endangering her by letting her off a leash near traffic.
That's not an accident.
That's negligence.

 

[movie zombie]

as much as i hate to say it: no.

imo, there is no excuse for this to happen: the owner is at fault.

MoZo

 

[Jennifer W]

I don't think there's a court in Scotland that would entertain the notion. I could be wrong, but I don't think I would be able to get standing in court to sue over the accidental loss of a pet. The basis of the claim would have to be delict (similar to tort) and the doctrine is fairly restrictive here. Even if I could get it before a judge, any award for damages would be limited (probably to the point of £0) by my own contributory negligence in allowing the pet to run into the road. If I was really unlucky, I could end up with a bill for any damage to the vehicle...

 

[dragonfly411]

as much as i hate to say it: no.

imo, there is no excuse for this to happen: the owner is at fault.

MoZo

Ditto.

 

[Jennifer W]

Uh, I know you don't have a pet, so I'm hoping this is a hypothetical question and you haven't hit anything?!

 

[TravelingGal]

Kenny, that's kind of what I'm thinking. A friend of mine posted on FB this morning that someone hit her puppy and ran. Of course, I'd be fuming about the running part, which she is. However, nowhere does she mention how the puppy was actually in the street. My husband says they let the dog out in the front yard to pee (they live on a 2 on a lot townhome, so no backyard) and says sometimes the dog isn't supervised, although I have never witnessed that myself.

She's not saying she's going to sue (she's not like that). But I do wonder if amidst the emotion, anger, and horror, if pet owners could overlook the issue somehow of the dog being out on the street in the first place.

 

[TravelingGal]

Uh, I know you don't have a pet, so I'm hoping this is a hypothetical question and you haven't hit anything?!

lol, no! Thank god. I think I'd be more that distraught if I hit someone's animal! But in my neighborhood, there are a lot of cats that roam, and they run across the street. It kind of pisses me off because I always wonder what the hell I should do if I hit one!

ETA, I should clarify that I wouldn't be pissed that I hit one, I'd be pissed that the owner lets the cat run around in a position to be hit.

 

[Jennifer W]

Oh, poor pup!

While I don't think I could (or would) sue, it's illegal here not to report hitting a dog on the road. Anything similar where you are? It has to be reported to the police here. I can't remember if you're required to stop or not.

 

[TravelingGal]

The pup is going to be OK, I should have added that. Nothing broken, and so far, no internal issues that they can see.

 

[kenny]

We live in a city with a leash law.
We have one neighbor who takes her dog for a walk with no leash.
It makes me so mad.

I bite my tongue (believe it or not) but for the dog's sake I really should just go ahead and ruin my relationship with this neighbor.
My other neighbors has told me that this woman has an F-U attitude about this subject and feels it is her right to let her dog walk freely.
"Leashes are so mean and unnatural, she says. DOH!
Endangering her dog is not where I respect diversity.

Two days ago my SO was driving and almost hit her dog in the street.
Of course the woman was nowhere to be found.

 

[NewEnglandLady]

I'm so glad the dog will be okay!

If my dog were hit by a car, the amount of guilt I would feel would be overwhelming. As everbody has said, it's the responsibility of he owner to make sure the dog does not go into the street. It's dangerous for everybody involved.

 

[Jennifer W]

Oh yes, that old chestnut. I had a neighbour with this attitude - leashes are unnatural. He liked to let his dogs run through the fields around our houses and catch rabbits. He went on and on at us to give our dog the freedom to do the same. Urgh. My dog is half deerhound. I don't think that's the best idea I ever heard. Can you imagine your pup trotting into the house with a deer? Fool!

ETA sorry NEL - we were posting at the same time. I was replying to Kenny and forgot to quote.
On a completely different matter, how was your trip to Scotland? Did you post somewhere about it? [ends inappropriate threadjack, with apologies]

 

[TravelingGal]

Kenny, I'm OK with the idea of leashing kids, so I'm REALLY thinking dogs should be leashed!!

 

[Jennifer W]

Kenny, I'm OK with the idea of leashing kids, so I'm REALLY thinking dogs should be leashed!!

hahahaha!

 

[kenny]

Kenny, I'm OK with the idea of leashing kids, so I'm REALLY thinking dogs should be leashed!!

I actually saw a kid on a leash in a store once.
I have mixed feelings about this being okay - maybe if you were Octo-Mom.

 

[meresal]

I don't have a pet, but there is no way that I could sue. We aren't allowed to have pets off of leashes in open yards, and I imagine this is one of the reason's why.

What if you flip this around? If the dog had caused damage to the car, would the driver be allowed to file a suit?


(On a side note, this is one of the reasons that I don't like having cars parked in front of our house. It is VERY hard for drivers to see and react to kids/pets darting out from behind a parked car. Whether they are crossing the street or chasing after a ball.
I like to think that if a driver can see the entire front yard, they may notice the children/pets ahead of time and slow down or just be more aware of what could happen.)

 

[decodelighted]

Sad. I had the horrible misfortune of hitting a cat with my car ... and it would appear at first that I "ran" but I was really just finding a place to turn around and go back to try to see what happened & hopefully take the cat to the vet down the road. The cat just darted in front of my car at the last second from NOWHERE. I only saw a dark blur and then the blur again in my rear view, tumbling into the wheels of a car BEHIND me ALSO. Oh it was AWFUL. By the time I turned and got back to the scene a neighbor had scooped up the cat from the road, already having passed away.

Cats in our neighborhood roam pretty freely for the most part. (Not mine anymore.) The owner's friends explained to me that the cat had a habit of running full tilt across the field and then across the busy street back to his house. It was 15 feet from its front door when the accident happened. I'm so sorry it did. But I don't think there was any way to avoid it the way it occurred.

No one ever mentioned any legal repercussions for myself or the other driver. Though I pointed out where my house was (a block away) if anyone wanted to talk with me further about it. Yeeesh. I think about that kitty often.


ETA: FYI -- I also still tense up while driving around the curve in the road where it happened ... which is right by my house, so I drive it nearly everyday.

 

[Autumnovember]

I would be absolutely devastated but I don't think I would do that...especially if they did make an effort to stop. Plus, I would think it would be really sad for the driver too. If I ever hit an animal by accident, its one of those things I would always think about.

 

[ForteKitty]

TG- sometimes cars come flying down our residential road @ over 60 mph. (speed limit is 30!!) I witnessed a neighbor's cat get hit once while it was sniffing at something at the side of street where cars normally park, it wasn't really in the road. The car kinda swerved into the cat, which made me think they did it on purpose. It made a horrifying screeching sound, lept up in the air twice, and didn't move again. If it was my cat, 1) it wouldn't have been outside to begin with, 2) forget suing, i would have probably shot the bastard.

 

[NewEnglandLady]

Oh yes, that old chestnut. I had a neighbour with this attitude - leashes are unnatural. He liked to let his dogs run through the fields around our houses and catch rabbits. He went on and on at us to give our dog the freedom to do the same. Urgh. My dog is half deerhound. I don't think that's the best idea I ever heard. Can you imagine your pup trotting into the house with a deer? Fool!

ETA sorry NEL - we were posting at the same time. I was replying to Kenny and forgot to quote.
On a completely different matter, how was your trip to Scotland? Did you post somewhere about it? [ends inappropriate threadjack, with apologies]

I didn't realize you had a deerhound mix! There was a deerhound in my handling class--I'd actually fear for the driver/car if he/she hit a deerhound!

Our trip to Scotland was AMAZING! We were able to spend 11 days there and went all over the place. I absolutely fell in love with it. You are a lucky lady to live there! I really liked the people there, too...I love the independent spirit! I meant to post photos, but never did. I got to play with a couple of border collies up near the Isle of Skye...retired herders. Those dogs are incredible.

 

[Jennifer W]

Oh yes, that old chestnut. I had a neighbour with this attitude - leashes are unnatural. He liked to let his dogs run through the fields around our houses and catch rabbits. He went on and on at us to give our dog the freedom to do the same. Urgh. My dog is half deerhound. I don't think that's the best idea I ever heard. Can you imagine your pup trotting into the house with a deer? Fool!

ETA sorry NEL - we were posting at the same time. I was replying to Kenny and forgot to quote.
On a completely different matter, how was your trip to Scotland? Did you post somewhere about it? [ends inappropriate threadjack, with apologies]

I didn't realize you had a deerhound mix! There was a deerhound in my handling class--I'd actually fear for the driver/car if he/she hit a deerhound!

Our trip to Scotland was AMAZING! We were able to spend 11 days there and went all over the place. I absolutely fell in love with it. You are a lucky lady to live there! I really liked the people there, too...I love the independent spirit! I meant to post photos, but never did. I got to play with a couple of border collies up near the Isle of Skye...retired herders. Those dogs are incredible.

I'd love to see your photos - care to start a thread? I'm the worst PSer when it comes to staying on topic. Sorry!

 

[Jennifer W]

Oh yes, that old chestnut. I had a neighbour with this attitude - leashes are unnatural. He liked to let his dogs run through the fields around our houses and catch rabbits. He went on and on at us to give our dog the freedom to do the same. Urgh. My dog is half deerhound. I don't think that's the best idea I ever heard. Can you imagine your pup trotting into the house with a deer? Fool!

ETA sorry NEL - we were posting at the same time. I was replying to Kenny and forgot to quote.
On a completely different matter, how was your trip to Scotland? Did you post somewhere about it? [ends inappropriate threadjack, with apologies]

I didn't realize you had a deerhound mix! There was a deerhound in my handling class--I'd actually fear for the driver/car if he/she hit a deerhound!

Our trip to Scotland was AMAZING! We were able to spend 11 days there and went all over the place. I absolutely fell in love with it. You are a lucky lady to live there! I really liked the people there, too...I love the independent spirit! I meant to post photos, but never did. I got to play with a couple of border collies up near the Isle of Skye...retired herders. Those dogs are incredible.

I'd love to see your photos - care to start a thread? I'm the worst PSer when it comes to staying on topic. Sorry!

 

[Girlrocks]

No, I wouldn't. The dog shouldn't be running loose in my opinion.

However, at the risk of sounding like a huger loser...

On The People's Court a few months ago, there was a case where a dog was able to open the owner's front screen door by itself, ran out in the street and was killed by a car. Both parties had to pay 50/50 for the vet bills and damage to the car (which I thought was very crass to sue the dog owner for damage to your car!).

 

[missydebby]

my 2 cents... then maybe I could sue the owners and the car drivers for what happened to me on Christmas day of 2010. I was taking a nice walk and long story short, a beautiful little white doggie runs out into the road right in front of me and gets run over. I tried to stop the car but unless I was willing to get hit myself, there was nothing I could do but watch. I'll never forget that moment. And it was me who went to the little doggie and held her in my arms while she died... me going house to house trying to find the owners.

Which I eventually did. I came back the next day. The owners were beyond heartbroken. They weren't bad people. But just people who thought it would be ok for their dog to be outside while the no-fence collar wasn't working. But it just takes one bad moment.

 

[kenny]

my 2 cents... then maybe I could sue the owners and the car drivers for what happened to me on Christmas day of 2010. I was taking a nice walk and long story short, a beautiful little white doggie runs out into the road right in front of me and gets run over. I tried to stop the car but unless I was willing to get hit myself, there was nothing I could do but watch. I'll never forget that moment. And it was me who went to the little doggie and held her in my arms while she died... me going house to house trying to find the owners.

Which I eventually did. I came back the next day. The owners were beyond heartbroken. They weren't bad people. But just people who thought it would be ok for their dog to be outside while the no-fence collar wasn't working. But it just takes one bad moment.

MD, I'd be a mess.
I cannot imagine.

 

[NewEnglandLady]

Jennifer, let me see if I can put something together. We spent a little time in London and Wales in addition to Scotland, so I'll probably put together one large album. Not sure if I'll have time today, but I'll try!

 

[Jennifer W]

Debby, I had a similar experience a few years ago. A jack russell got into the road in front of the car I was driving behind. It was a horrible, sickening moment.

The driver didn't stop, and there was no one else about, so I took the dog to the nearest vet and ended up with the £324.43 vet bill (yes, that figure sticks in my mind).

 

[Jennifer W]

Jennifer, let me see if I can put something together. We spent a little time in London and Wales in addition to Scotland, so I'll probably put together one large album. Not sure if I'll have time today, but I'll try!

I'd love to see them and hear more about your trip! Don't stress though, please! Just when you have time. There's a thread in ATW from a PSer looking for info about Scottish tours, too. Might be helpful.

 

[meresal]

On The People's Court a few months ago, there was a case where a dog was able to open the owner's front screen door by itself, ran out in the street and was killed by a car. Both parties had to pay 50/50 for the vet bills and damage to the car (which I thought was very crass to sue the dog owner for damage to your car!).

Girlsrocks- I'm not sure what the rules are where you live, but we aren't allowed to have pets in an open yard (front yard, park, etc) without a leash. So, I would imagine, here in my area, it is extremely plausible that a car owner would try to have the pet owners pay for damage to their car.

To be honest, their is a dog on my street that craps in my yard and cars are ALWAYS having to dodge the dog in the street. If I was unable to dodge him and he caused damage to my car, I would definitely ask the owner to pay.