Boy jumps on parked car running from dog.

[Nicole123]

What is the name of your state? Illinois
I am trying to find out who would be at fault. A young man is known to be afraid of dogs and another neighbor's dog got out and was walking the streets. My car was parked in my driveway. The young man ran and jumped on my truck to get away from the dog causing almost $1,000 worth of damage to my vehicle. Who would be at fault: me because the incident happened on my property, the dog owner because the dog got out, or the young man for jumping on my truck and ultimately causing the damage?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Illinois
I am trying to find out who would be at fault. A young man is known to be afraid of dogs and another neighbor's dog got out and was walking the streets. My car was parked in my driveway. The young man ran and jumped on my truck to get away from the dog causing almost $1,000 worth of damage to my vehicle. Who would be at fault: me because the incident happened on my property, the dog owner because the dog got out, or the young man for jumping on my truck and ultimately causing the damage?

My response:

I'd go after the truck manufacturer for making such a piece of crap truck!

A truck is supposed to be, and touted as, an "icon" of strength and durability. So, if all it takes is a kid to jump on my truck and cause $1,000.00 worth of damage, then the truck is a piece of crap!

But, until you get the manufacturer to pay, both the dog owner and the kid are negligent for the damages. All damages legally "flow" from the dog being loose. So, the dog owner is negligent, and the kid is likewise negligent for "jumping" onto your personal property causing damages. He has no right to jump onto your personal property just to save himself. He could have climbed a tree, or ran faster, or hopped a fence, or stood his ground, or got a brain. But, none of this is your fault, no matter where your "truck" was parked.

IAAL

 

[Nicole123]

Thank You!

I agree about the truck being a piece of crap (2001 Chevy Blazer).

Now, my insurance (Allstate) suggests waiting for them to recover the deductible from the parties involved. However, they have also mentioned that they only recover 10% of the time. What route would you suggest in recovering money out of my pocket?

 

[HomeGuru]

Small Claims Court.