Dog's owner "35% responsible" for car hitting dog, must pay $265K

[snoopy369]

I would presume those are not the actual facts, given the verdict

Fundamentally, the dog owner committed negligence in allowing the dog out of his yard without a leash. Remove that negligence and the accident would not have happened (in theory). Whether or not the dog ran out into traffic is irrelevant to his responsibility; it can only relieve her of responsibility.

But again, we don't know all of the facts nor which story to buy. She claims it ran in front of her, he claims it didn't. She was there... and the only witnesses other than her are two children of the other party.

Drunk, by the way, does not factor in - at no point in that article is she claimed to be drunk.

[The Mad Monk]

I'm sorry, where does it say she was drunk?

[Asher]

Are you drunk? It doesn't say that.

[Felch]

A driver is responsible for maintaining control of the vehicle. The dog is dead, and that's as much punishment as the owner deserved.

Even without drinking, it sounds like Jones (the driver) was speeding and being absolutely reckless.

Even here in MD, we've got country roads that are dotted with deer, bicyclists, and occasionally equestrians. Knowing that, when I drive on them I don't go any faster than I think is safe (40-45 mph in good conditions). A driver just has to be aware that they are responsible. If you are driving so fast that you can't safely avoid an animal, you're driving too fast.

In short, the verdict is bull****.

[SpencerH]

Who decided this, the local PETA-mafia? If a dog darts out at a car there is no way the driver should be in any way responsible for the accident. What a bull**** country.

[Lorizael]

That "if" part there is kind of important, SpencerH.

[Japher]

My favorite bumper sticker;

"Caution: I swerve for small animals.... they're harder to hit."

[SpencerH]

Originally posted by Lorizael
That "if" part there is kind of important, SpencerH.

Absolutely. There arent many details here but the dog was clearly not on a leash. So even if the dog was just standing in the middle of the street, the dog owner is at fault. If she drove onto the owners property and killed the dog thats another thing but there's no evidence of that despite PLATO's comment.

[Lorizael]

Originally posted by SpencerH
Absolutely. There arent many details here but the dog was clearly not on a leash. So even if the dog was just standing in the middle of the street, the dog owner is at fault. If she drove onto the owners property and killed the dog thats another thing but there's no evidence of that despite PLATO's comment.

Er, this is probably why partial responsibility is kind of a useful tool. Hitting a random obstacle that is merely sitting in the street needs to be the fault of the person doing the hitting, too.

[Winston]

Generally speaking, dog owners should be held fully responsible for any accidents and damage caused by their canines.

100% liability for dog owners is the default in Danish law. And with good reason, I think.

[snoopy369]

I love how people with no legal knowledge whatsoever are jumping to conclusions as fast as possible... This is why juries are so fun...

[Winston]

Originally posted by snoopy369
I love how people with no legal knowledge whatsoever are jumping to conclusions as fast as possible... This is why juries are so fun...

If you're including me in that broad sweep, read my post again, please. And be mindful of jumping to conclusions yourself, good Sir.

[Felch]

Originally posted by Winston
Generally speaking, dog owners should be held fully responsible for any accidents and damage caused by their canines.

100% liability for dog owners is the default in Danish law. And with good reason, I think.

The dog didn't cause the damage. The crappy driver, who swerved and hit a tree, caused the damage.

A German shepherd simply doesn't have the mass to hurt somebody in a car. It wouldn't do much more than ding the bumper.

[snoopy369]

Originally posted by Winston


If you're including me in that broad sweep, read my post again, please. And be mindful of jumping to conclusions yourself, good Sir.

I did not say everyone in this thread

[Asher]

They'd never put me on a jury. I'd have too many outbursts.