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  1. #1
    Join Date
    Mar 2008
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    Default Liability For Hitting An Unleashed Dog

    Hi, I live in California and I was with my friend earlier tonight and she was driving. We noticed a man standing on the grass near the sidewalk with his dog(which was unleashed), who was urinating. As we passed (going the speed limit, if not slower) we heard a thump on the drivers back tire. We stopped, and the man was yelling at us that we hit his dog (which broke one of its legs). He wanted us to take it to the vet, I told him as the owner its his responsibility to keep his dog leashed and more importantly, his responsibility to take the dog to the vet himself. I told him we shouldn't be liable for him not keeping his dog leashed and it was a pure accident. He wanted us to pay for the medical bills. He threatened to call the police, I told him to go ahead, in which he immediately backed off and said its fine you can leave. Taken aback. we felt something wasn't right, so we ended up calling the police ourselves just to have an official report. The owner of the house then went inside. We waited a considerable amount of time and the police never showed (LA PD), we ended up leaving. We did give the man (before he went inside) our name and number.

    Are we liable? The dog was unleashed, the car was at the speed limit, and it hit the back drivers tire, its impossible she could have seen it coming.

    Thanks! any help would be great! She's really worried about liabilty

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Hit Unleashed Dog, Liable?

    I am not an attorney, but I personally, from the facts as laid out, see no negligence. It was smart to exchange your information with him, state law may have required that regardless of defacto liability.

    You say you were driving the speed limit or under! Unless weather conditions were such that a reduced speed was necessary and proper, OR children were at play in the area and street as a rule and a slower pace was cautionary, there is NO negligence for driving AT the speed limit.

    This is akin to a child running out in the street from the curb/sidewalk at a flash, and unavoidably hitting them. One can be creeping along with great care and such may still happen. In such case, both civil and criminal law require negligence of some degree, IMO, to be found guilty/culpable.

    The only chance he possibly has is to argue when you saw him at the curb, due diligence required a "reduction in speed"?? Still??

    He may try to sue in small claims for restitution. I would notify my insurance company "now' of what happened so they can have it on file. IF you are indeed sued in small claims, or any court, immediately call them, whether you have to represent yourself in court or not, such as small claims.

  3. #3
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    Mar 2008
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    11

    Default Re: Liability For Hitting An Unleashed Dog

    Quote Quoting anolan13
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    a man standing on the grass near the sidewalk with his dog(which was unleashed), who was urinating.
    Two things on your side are the local leash laws--I bet LA requires dogs to be leashed in public, and also the fact that the dog hit you, apparently--most accidents with cars where the damage comes FROM one car TO another car in the REAR are adjudiged to be cause by the car in the rear.

    You did the right thing by giving your info to the guy, because it proves you had good intentions, and he sounds like a hick, who knew his dawg should have been leashed.

  4. #4
    Join Date
    Mar 2008
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    Default Re: Liability For Hitting An Unleashed Dog

    Holy Cr^p! I forgot to ask which one of them was urinating

  5. #5
    Join Date
    Mar 2008
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    2

    Default Re: Liability For Hitting An Unleashed Dog

    Thanks for the help, and it was the dog, haha. Is there a website that has legal documents on file for this kind of subject in California, I believe its called running at large?

    Thanks

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Liability For Hitting An Unleashed Dog

    Was the dog trying to pee on your tire? You should have jumped out and claimed that the "bump" caused you extreme whiplash. Or emotional distress! Now you're going to have nightmares about peeing dogs.

    LOL,
    Barry

  7. #7
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Liability For Hitting An Unleashed Dog

    The dog owner was lucky you weren't on a motorcycle and you crashed. He'd be 'singing a different tune'. (I've hit 2, so far!)

  8. #8
    Join Date
    Dec 2004
    Location
    Seattle
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    3,577

    Default Re: Liability For Hitting An Unleashed Dog

    Quote Quoting anolan13
    View Post
    Thanks for the help, and it was the dog, haha. Is there a website that has legal documents on file for this kind of subject in California, I believe its called running at large?

    Thanks
    You can find the complete set of CA laws here. I did a quick search but could not find any laws that REQUIRE a dog to be on a leash, unless the dog is known to be dangerous or vicious.

    Barry

  9. #9
    Join Date
    Aug 2007
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    3,835

    Default Re: Liability For Hitting An Unleashed Dog

    Quote Quoting blewis
    View Post
    You can find the complete set of CA laws here. I did a quick search but could not find any laws that REQUIRE a dog to be on a leash, unless the dog is known to be dangerous or vicious.

    Barry
    Barry, I would think a leash law would be a Municipal ordinance more then a state restriction, she can check her local laws.

  10. #10
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Liability For Hitting An Unleashed Dog

    Quote Quoting BOR
    View Post
    Barry, I would think a leash law would be a Municipal ordinance more then a state restriction, she can check her local laws.
    Ahhh, good point. I didn't think of that. Thanks, Bill

    Barry

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