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  #1  
Old 05-02-2006, 12:50 AM
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Join Date: May 2006
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Unhappy

Man speeding in residental neighborhood hit my PUPPY


Birmingham, 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
  #2  
Old 05-02-2006, 01:03 AM
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Join Date: May 2006
Posts: 3
Quote:
Originally Posted by animallover
Birmingham, 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

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
  #3  
Old 05-02-2006, 01:18 AM
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Join Date: Jul 2005
Location: Massachusetts
Posts: 14,071
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.
  #4  
Old 05-02-2006, 11:42 AM
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Location: Alabama
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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.
  #5  
Old 05-02-2006, 02:49 PM
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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.
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  #6  
Old 05-02-2006, 06:16 PM
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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.
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  #7  
Old 05-02-2006, 06:34 PM
shell007
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Do you think the OP got the message???
  #8  
Old 05-02-2006, 07:12 PM
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Location: Massachusetts
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Quote:
Originally Posted by shellandty
Do you think the OP got the message???

No...I doubt it! He/She/It will be back yelling that we are cat lovers and hate poor lil' puppies.....
  #9  
Old 05-02-2006, 07:14 PM
shell007
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Quote:
Originally Posted by baystategirl
No...I doubt it! He/She/It will be back yelling that we are cat lovers and hate poor lil' puppies.....

I like the " IT "
  #10  
Old 05-05-2006, 06:25 AM
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Join Date: Feb 2006
Posts: 75
Quote:
Originally Posted by shellandty
I like the " IT "
Hello,

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?
  #11  
Old 05-05-2006, 06:48 AM
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Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by sheltielover
Hello,

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?
Why can't you answer the questions for you about your "husband's" death or do your shelties to 2 legged grifters mean more to you than he did? [url]http://forum.freeadvice.com/showthread.php?t=319240[/url]
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  #12  
Old 05-07-2006, 10:01 PM
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Location: Massachusetts
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Quote:
Originally Posted by sheltielover
Hello,

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?

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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