Krambo Posted July 11, 2007 Report Share Posted July 11, 2007 O.K. I have my opinions on this topic but wanted to see what you guys thought. This just happened to my secretary on Monday. My sec was walking her two dogs along her road (residential 35MPH) when she stopped to talk to a neighbor. The dogs didn't like to stop and wanted to keep going but they were both on leashes. A car was driving down the street at the posted speed limit. My sec. pulled the dogs by the leashes and the one slipped out of its collar, ran into the street and was struck by the car. The dog died on the way to the Vet. The driver of the car was perfectly legle however was talking on her headset when it happened. My secretary filed a police report and states that the driver was negligent and unaware of driving conditions. The driver says she was legle and did everything she could not to hit the dog and that the dog should have been on a leash. Sorry it was so choppy but I don't have alot of time to type. I feel that my sec is at fault and she is lucky the driver doesn't come after her for damages to her car (cracked the plastic bumper). Opinions??? Quote Link to comment Share on other sites More sharing options...
Big O Posted July 11, 2007 Report Share Posted July 11, 2007 yep ... I'm with you Quote Link to comment Share on other sites More sharing options...
CoolBlueSS Posted July 11, 2007 Report Share Posted July 11, 2007 I'd have to say your secretary. Sorry for her loss, but the dog got out of the collar, and probably ran out before the driver could stop. Quote Link to comment Share on other sites More sharing options...
Rausche Posted July 11, 2007 Report Share Posted July 11, 2007 I hate to say it, but it's the secretary's fault. If a dog runs out 10 feet in front of the car (or whatever), there's no stopping. Doesn't matter if she was on the phone or not, the vehicle just can't stop in that distance... Plus if the collar was on loose enough for the dog to slip out of it, that's also the fault of the secretary... It's a very sad thing when it happens, but it's a part of life... Nobody should sue anybody over it... Quote Link to comment Share on other sites More sharing options...
SSThunder Posted July 11, 2007 Report Share Posted July 11, 2007 I'd have to say your secretary. Sorry for her loss, but the dog got out of the collar, and probably ran out before the driver could stop. Quote Link to comment Share on other sites More sharing options...
eddieo818 Posted July 11, 2007 Report Share Posted July 11, 2007 the dog ran off simple as that, if it were in it leash nothing would of happened. sorry for the loss though its very hard to lose a pet. Quote Link to comment Share on other sites More sharing options...
Hankg42 Posted July 11, 2007 Report Share Posted July 11, 2007 Yeah, Kevin. It's an unfortunate accident, but I think you are correct too. Quote Link to comment Share on other sites More sharing options...
brobradh77 Posted July 11, 2007 Report Share Posted July 11, 2007 Definatley the secretary. It like the farmers cow that gets out of the fence and wonders on to a roaad and gets hit. he is liable for the damages. Tough loss but her fault. Quote Link to comment Share on other sites More sharing options...
misterp Posted July 11, 2007 Report Share Posted July 11, 2007 Agreed. The driver had every expectation to drive on a clear street; the driver also had every expectation that the dog was under control (fenced or leashed). The secretary's dog caused the incident (not the other way around) and dog owners are required to pay for any damages their pets do to other people's property. Your secretary did fail to contain her dog - technically it's her responsibility to cover whatever costs/damages happen to other people's property that are caused by her dog, so I would not be surprised if she is asked to reimburse any repair expenses not covered by insurance. Of course with all that being said I would not enjoy seeing my dog killed in front of me, I would be pretty upset too. Mr. P. Quote Link to comment Share on other sites More sharing options...
usabodyguard Posted July 11, 2007 Report Share Posted July 11, 2007 yea i think we are all on the same page here... dogs fault... Quote Link to comment Share on other sites More sharing options...
zippy Posted July 11, 2007 Report Share Posted July 11, 2007 I agree with you Krambo. I'm not sure that there is an at fault other than the dog, but I feel it was certainly her that is responsible. Quote Link to comment Share on other sites More sharing options...
shreveportSS Posted July 11, 2007 Report Share Posted July 11, 2007 Dog owner's fault. If it were me she would be paying to fix the car. If she pushed the complaint, I would sue her ass off for traumatizing me by letting her dog loose to run in front of me. But then again, I'm an ****. Quote Link to comment Share on other sites More sharing options...
[email protected] Posted July 11, 2007 Report Share Posted July 11, 2007 I'm with everyone here it's the sec. responsibility to keep her dog contained, either on a leash or fenced yard. I would def. be upset for loosing my dog, but it's not the driver's fault that the dog ran in front of her car while driving on the street going the speed limit. It would be the other way around if the dog was on the sidewalk and the driver drove onto the sidewalk to hit the dog. I feel for your sec. for her loss, and I am sure it was tramatic to see your dog get hit right in front of you, and die in your arms on the way to the vet; You live and learn I have had a dog younger get loose and luckly not get hit, ever since then any dog I have gets a harness (it is harder for them to wiggle out of and not as much pressure on there neck). With thoughts and prayers, -Lance Quote Link to comment Share on other sites More sharing options...
rivierakid55 Posted July 11, 2007 Report Share Posted July 11, 2007 i dont really think there is any at fault in this although the car owner i think would be in his right to go after the woman for damages to his car. rest in peace puppy. Quote Link to comment Share on other sites More sharing options...
BOB47 Posted July 11, 2007 Report Share Posted July 11, 2007 That's really a tough call. Morally--it's the secretarys fault. She should have had her dog under control and did not. However, would everyone feel the same if it was a kid that got hit and killed? If a kid runs out in front of you and you hit them you can still be held responsible because you "fail to control your vehicle" even if you're doing everything legally. Stitches or Ray may be better able to answer who's legally at fault. Maybe 50/50? Too bad about the dog either way. Quote Link to comment Share on other sites More sharing options...
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