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Who's fault was it?


Krambo

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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???

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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...

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:withstupid: 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.

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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

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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.

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