Driver kills dog near Cloquet, Minn, then sues owners

I side with the driver as well, if the dog caused the damage when it wasn't supposed to be in the road, I expect the owners who let him out there to be responsible.  They should have had better control over their dog or had preventative measures in place if he was known to bolt out the door.

Would it be any different if it had been a giant Saint Bernard that did the damage?  I don't think so, damage is damage.

I also think it is very crass for the owners to play a sympathy card here and ask to be reimbursed not only for the asking price of the dog they couldn't control, but also to be compensated for the cost to replace him?  I don't think any judge will grant all of that, maybe one or the other, but probably not either one since it was their fault.

The whole thing is sad and I can't say I'm laying blame on anyone since I don't know the whole situation.

I agree that it is crass for the owner's to sue for cost and replacement of their pet.  The dog should not have been allowed to bolt.

What I question is the driver's reason for sueing (sp?) and the dog owner's real reason for counter sueing.  It just seems that, perhaps, the dog owners should pay the driver's insurance deductible and close the whole thing.

VanMorrison

What I question is the driver's reason for sueing (sp?) and the dog owner's real reason for counter sueing.  It just seems that, perhaps, the dog owners should pay the driver's insurance deductible and close the whole thing.

Ah, but claims on car insurance raise your premiums for a few years.  So if the dog owner pays for all damages, no claim needs to be filed and the driver's insurance premiums do not go up.

Seems like a 13 pound dog couldn't cause damage like that but it is expensive to replace and/or repaint parts of cars.  I know, I've had it done often enough.   

A 13 lb dog could actually do a nice bit of damage to a car.

The average red clay brick weighs 5-6 pounds. Imagine if someone chucked two bricks tied together at your car as you drove down a residential street at ~25-30 mph. Plus I think the issue was the dog hit a specific area that causes something to be bumped back into the radiator - kind of a "weak spot" Sad situation all around. Having a dog killed by a car is an AWFUL experience, but yeah....if the repairs are expensive and the guy will have to miss work or pay to rent a car while his is getting fixed...it is the dog owner's duty to take the responsibility for that. Of course it was an accident, but if you rear-end someone in traffic and it's an accident just because you didn't pay attention for a second, you still have to pay to get their car fixed.

 
I'm curious, Monroe-Magee, why do you think this guy is in the wrong? It may seem colkdhearted, true, but the problem is he got hit hard financially - he works two jobs and had to take time off from both of them, pay to get his car fixed, and pay to appear in court, because of someone else's mistake. You can't always see the dog coming and stop in time, you know, especially when it is a whizzing, darting little minpin. How many times have people accidently hit squirrels, for example?

the price he is suing for is peanuts. he could go a lot higher and i wouldnt blame him if he DID because of the counter suit.

they KNEW they lived on a busy road. i think the speed he was going was more or less in the 40 to 50 range.. i live close to a road like that. I dont even walk on that road! and yet i see kids and dogs - with no fences- running up and down it all the time.

your funeral i say.

my husband has had to repair damage from hitting dogs. he once swerved to avoid hitting a german shepherd puppy that ran in front of him. he dog swerved too, the wrong way, so my husband wrecked the car AND killed the puppy. and the owner watched the whole thing from the comfort of his front porch. then had the nerve to yell at my husband for killing his new puppy.   this is cold hearted Gin speaking here: you let your dog run loose then you get what you deserve. i love mine to death but i would have no one to blame but myself if this ever happened to me.

Legally I don't think the dog owners have a leg to stand on.  While I feel their pain, the driver shouldn't have to sue for damages, they should man up and accept that they are responsible.  Since, on the surface, it appears they weren't very responsible pet owners, maybe they should reconsider another dog until they learn how to protect it.

i dont know if they could learn how to protect it. some people just arent gonna get it.

my cousin lives on a busy road.... the speed limit SAYS 45 but people drive 65 or 70 because its a straight road with no stop signs. she has lost three chihuahuas and almost lost her cat because she just opened the door to let them walk themselves. now she has two rotti pups and is doing the same thing. if someone hits one of those dogs she WILL get sued for damages. the people who hit the chihuahuas just kept on driving. probably didnt even know they had hit something. they'll know if they hit a half grown rottweiler. and yet she still hasnt changed her ways.