Dog Killed by teenage driver

What is the name of your state? Minnesota

On Dec 12th 2002 my daughter was bringing out Jack Russell Terrier Benson in from outside. As she opened the door to bring him in our cat ran out. Of course, the dog chased after the cat. My daughter quickly got my son to help her catch the two animals and bring them inside for the day.

My daughter was standing at the edge, off the curb, of the road trying to coax the dog back to her and my son was s few feet away. Benson was on the opposite side of the road and had started to come to her and then went back toward opposite curb when he saw the car coming. A friend and our neighbor both watched as she did this, the friend had pulled her car off to the side of the road as she saw another car coming from the opposite direction. She did this so that driver would have plenty of room to swerve and miss the Benson. The car from the other direction saw the dog, started to slow down then speeded up to hit the dog.

From all accounts he hit the dog without regard to my daughter, my son, or the dog all being present and accounted for. He never stopped or slowed down after hitting him. He did this with malice and forethought. He admitted to seeing Benson and watching the Benson’s actions in regard to going toward my daughter and heading back to the curb. The Benson was approximately four feet from the curb when hit.

My question is this, what course of action do I take from here. We do have a lease law in our town but in my view the dog was not roaming free he was being taken care of because the kids were trying to get him home. Second he was a breeding dog and cost $300.00. Can I get money for the dog from the person who hit him? Second the psychological damage to my kids was huge. My daughter has nightmares every night. Can I sue for these damages as well?

Any thoughts would be helpful,
Jennifer

Sorry for your loss. But actually, the dog was roaming. You are the one who can get be required to pay for any damage to the car. Jack Russels are notorious for this kind of behavior. Responsible dog owners and reputable breeders do not allow their Jacks (or any dog) to get loose under any circumstance. I am sorry for your loss, but the bottom line is -- the dog was loose, the dog got hit and killed. It wasn't the driver's fault no matter how malicious it appeared.

hmmbrdzz

You can sue the other driver in small claims court for the value of the dog. However, how will you prove the other driver hit your dog on purpose or even negligently?

His defense would be the dog ran in front of the car and he couldn't stop in time.

you mention that the other car never stopped after hitting your dog, then in the next sentence you mention the other driving admitting he saw your dog. When did the other driver admit this??

typical blame everyone but the damn DAWG owner...

Dawg owners dont care about anything, they let their dawgs run wild then get mad if someone runs them over...

tough krap, you DAWG should have been on a leash...

case closed!

The driver of the car admitted to seeing the dog to my husband and kids and there was plenty of room for him to miss the dog.
My daughter was in the road at the time trying to get the dog and this young man speeded up to hit the dog. I have two other eye witnesses that saw him hit the dog on purpose. The driver of the other car, coming from the opposite side of the street, pulled off to the side of the road so the teenager would be able to miss the dog. He had plenty of room to swerve and AVOID hitting the dog.
There is no reason to why he should have hit the dog. The dog was ONLY 4 feet from the curb. Not even the width of a car.
I am blaming the driver because he did not even try to miss the dog. He speeded up to hit him.

Nej: If the kid hit the dog maliciously (which may be the case), the kid would be able to use pedestrians and the other vehicles as the excuse to hitting your dog. Dogs cause their owners and others a lot of trouble. That's why there are many laws in place now protecting other's rights and making owners liable for anything that happens with respect to their "pet". I volunteer with the SPCA; I have a good understanding of pet owner liabilty; I have three large dogs myself; and if one of mine were to ever "get loose", it would be my fault no matter what, and I would be responsible for what ever happened. If my dog got loose and got killed, I would not be attempting to get money from whoever ran over it whether it was malicious or not because doing so would only bring attention to my negligence and possibly put me in a position of liability. I'm sorry for your loss. I truly am. But if that kid is not pressing any issue with regards to damage he suffered, you should consider just letting this pass. $300.00 is not a lot of money, and you will never get pain and suffering from this. If you get another dog at some point, strongly consider not breeding until you are very knowledgeable about the breed and about the liability you take on as a pet owner.

hmmbrdzz

Nej, you should also understand that -- most likely and ultimately -- when you call an attorney, you will be retaining legal counsel at some point, which will cost you a lot of money. That's why attorneys get the big bucks. The driver was not negligent. You were not a breeder of Jack Russell Terriers who has lost $50,000.00 probabe income because someone shot and killed your dog on your property. You are a pet owner whose dog got loose and got killed by accident. Be careful.


hmmbrdzz

Not true...

hmmbrdzz said:

Nej, you should also understand that -- most likely and ultimately -- when you call an attorney, you will be retaining legal counsel at some point, which will cost you a lot of money. That's why attorneys get the big bucks. hmmbrdzz

Click to expand...

That is a lot of bunk. By calling a lawyer you are not retaining them and incurring a lot of money. The vast majority of lawyers who represent people take cold calls at no expense. In many cases, if not most of the time, with cold calls, the caller will get some helpful info and the lawyer will not be retained - often because the lawyer tells the person they do not need a lawyer. Those who not do take cold calls for free will let you know that when you call them. Despite the public's perception, there are a heck of a lot of decent caring lawyers out there who treat people with dignity and respect.

- Kevin

There are indeed many good lawyers out there. There are also bad lawyers out there. In my opinion, this lady does not need an attorney. She needs to be careful in considering legal counsel, and a good attorney would tell her that, too.

hmmbrdzz

Re: Not true...

Hi Kevin: Just curious -- how would you legally advise someone if they came to you because their automobile had been damaged after having hit and killed a dog on a road and the owner of the dog was seeking damages from the owner of the car for replacement value of the dog and for pain and suffering?

Also and more specifically, what helpful info would you give this particular Jack Russell owner if she gave you a cold call regarding this matter?

Very curious.

hmmbrdzz

Kevin O'Keefe said:

That is a lot of bunk. By calling a lawyer you are not retaining them and incurring a lot of money. The vast majority of lawyers who represent people take cold calls at no expense. In many cases, if not most of the time, with cold calls, the caller will get some helpful info and the lawyer will not be retained - often because the lawyer tells the person they do not need a lawyer. Those who not do take cold calls for free will let you know that when you call them. Despite the public's perception, there are a heck of a lot of decent caring lawyers out there who treat people with dignity and respect.

- Kevin

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Animal Control Officers View

I am not a lawyer, however I am an Animal Control Officer that has investigated hundreds if not thousands of this very incident over the past 11 years.

The laws in our county and state clearly say that the dog owner is responsible of any and all damage or injury while the dog is on or off of the owners property. Dogs MUST be under the direct supervison and control of it's owner at all times.

Dog owners post clearly indicated that the daughter was trying to coax the dog back home. Meaning the dog was NOT under the direct control of it's owner/handler thus the dog was running at large, which is a violation of county and state laws.

I have seen a case or two that a driver did speed up to hit the dog, but basically all the driver has to say is the dog was in the road way and he/she was unable to stop because they did not see the dog until the last minute. As far as the driver hitting the dog and driving away. The dog owner may have an issue there, depending on local laws of aiding an injured animal. Not all state or county government have such laws on the books. We do and it states that if the driver stikes an animal it must be reported to either to police dept or animal control agency. Our agency asks the motorist to stand by at the location until help arrives. However, the motorist does not have to render aid if he/she feels that there may be danger of injury to themselves (being bitten or hit by another passing car).

I am so sorry for your loss, however the dog and the owner if in our county would be liable for the action. And liable to pay for any damages to the car, as the dog and dog owners were in violation of the running at large and leash laws. It did not matter if the dog was 4 feet in to the street or in the middle of the road. The dog was on a public roadway with out a leash or was not in the control if its owner/handler.

Laws may be different in your county or state, I would check with your local animal control agency. But I am sure they have something like ours. I do not think any state or county would allow a dog to run at large on a public road way. But check anyway.

Pooch-Pig

Hi Verynice: I'm glad to see an Animal Control Officer on these boards. I haven't come across one yet. There are frequently questions posed regarding this kind of situation. Your input would be very valuable. Sure do hope you stick around or at least check in on this place every now and then!

hmmbrdzz

Thanks for the welcome Hmmbrdzz,
Been lurking for sometime now and love the forums here, I think I will stick around.........at least for a while anyway.

Pooch-Pig

Dog owners post clearly indicated that the daughter was trying to coax the dog back home. Meaning the dog was NOT under the direct control of it's owner/handler thus the dog was running at large, which is a violation of county and state laws.
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Can we tell her one last time:


Dawg owners dont care about anything, they let their dawgs run wild then get mad if someone runs them over...tough krap, you DAWG should have been on a leash...

case closed!


PS........And if your damn DAWG damaged my car i would sue you for the damage and deductable..

I like dogs, but its the Damn DAWG owners that need to get parenting classes and learn to be responsible for their damn DAWGS!