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#1
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Man speeding in residental neighborhood hit my PUPPYBirmingham, Alabama I am a new comer to Birmingham, Alabama and I am curious of the legal rights of dogs in Birmingham. I own a house in a new housing addition in Birmingham, Alabama. My puppy recently got hit outside on the street, infront of my house, by a man going 15-20 miles over the speed limit. (5/1/06) The man admitted his fault and said he'd pay for the bill at the vet and even told my husband and I which vet to go see; upon the bill to be paid, the man sent a different man to the vet who refused to pay due to the cost of xrays and medicine for the puppy to get well. He said to bad I guess you should watch your dog and we're even and was quite rude. I had watched my dog, I was actually trying to get my dog on another leash because he had bit through the one I had had him on. I almost jumped infront of the car to save him, but I was too late. I feel he should pay in full because my dog is my companion, like my kid. I keep thinking what if it was one of the kids in the neighborhood, 45-50 mph in a under construction residental neighborhood is just to fast to go. Am i correct according to the law that he should pay in full? Thankfully, so far Buggster, my puppy, is just displaying signs of a sprain paw. I pray he heals completely and is ok. If it were a kid he'd be in jail, do the courts view animals like kids or comanions where justice may be served? Sincerely, animallover |
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#2
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My response: Your dog has no rights. A dog, or any other pet, is "property" - - much like your t.v. or refrigerator. You are at fault for failure to maintain control of your dog. You cannot get "pain and suffering" (General Damages) for the death of your dog. In fact, in this case, you don't even get the price of the dog. This incident was your fault. IAAL |
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#3
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| You would also be responsible for any damages to the drivers car. Be more careful with your dog....they are not like children who, generally, know enough to look before running into the street. |
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#4
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| Please note that the City of Birmingham and Jefferson County both have laws requiring that a leash be on the dog at all times. In Alabama contributory negligence of as little as 1% (yours in not having your dog leashed) is a COMPLETE bar to recovery. Thus you are lucky to any reimbursement and would almost certainly not receive the same from a court. |
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#5
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| This the summary on leash law: "This Alabama statute provides that no dog shall be permitted except on leash within any wildlife management area except in accordance with the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources. The owner of any dog at large within any wildlife management area shall be guilty of a misdemeanor." We take our pet as our friend and companion. So, it is our duty to make sure that these does not cause-in any way trouble to others.
__________________ [url=http://www.personalinjurylawyerinc.com]Car Accident and Personal Injury Lawyers Attorneys and Law Firms[/url] "a reputation unmatched for competency and service" |
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#6
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| The RESPONSIBLE dog owner makes certain their pup is restrained and can't get into the street to get injured or killed.
__________________ Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"! |
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#7
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| Do you think the OP got the message??? ![]() |
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#8
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No...I doubt it! He/She/It will be back yelling that we are cat lovers and hate poor lil' puppies..... ![]() |
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#9
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I like the " IT " ![]() |
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#10
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Don't mind them, there just silly. But I understand because I'm a animal lover and I love my 2 beautiful shelties. And if that happened to my dogs, I can't tell you what I would do. Probaby punch the guy/girl. Any way, yes you are suppose to have your animal restrated at all times but it sounds like the guy was driving so fast and his car was probably loud and it frightened your puppy. I feel like yourself because mine are like my kids also. But not all kids look both ways either before crossing the street so I believe you should try after all he said he would pay for it and you even went to where he suggested and now it sounds like it's so much for him. Well then he should not have suggested telling you where to go. Maybe your vet would possibly been cheaper. So I say go forward after all sometimes on Judge Judy she has them split the charges, which I think are fair..... Besides, why was he driving so fast anyway? what was his big hurry? |
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#11
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__________________ I am not an arborist. |
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#12
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Sheltie...you need to stop posting ...everything you post is wrong. You will be banned if you continue to do this. Judge Judy would tell the guy if he loved his puppy he would be more careful...and dismiss his case. |
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