Dented Hood

What is the name of your state? GA

A couple of days ago the hood of my neighbor's car was dented due to a child that jumped on it. the SCARED child jumped on the hood because she was being chased by the neighborhood dog (a large golden retriever) btw that dog is always loose by accident . the dent was kinda big cause the weight of the child (age 8). well my neighbor wants to sue the kid's parents because of negligence. i think that's really stupid cause the child was walking home from school. i think if she were going to go after anyone it should be the dog's owner cause that big ass dog had no business being allowed to roam around scaring people. what do you think??

jpritchett81 said:

What is the name of your state? GA

A couple of days ago the hood of my neighbor's car was dented due to a child that jumped on it. the SCARED child jumped on the hood because she was being chased by the neighborhood dog (a large golden retriever) btw that dog is always loose by accident . the dent was kinda big cause the weight of the child (age 8). well my neighbor wants to sue the kid's parents because of negligence. i think that's really stupid cause the child was walking home from school. i think if she were going to go after anyone it should be the dog's owner cause that big ass dog had no business being allowed to roam around scaring people. what do you think??

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**A: I would not sue anyone.

jpritchett81 said:

What is the name of your state? GA

A couple of days ago the hood of my neighbor's car was dented due to a child that jumped on it. the SCARED child jumped on the hood because she was being chased by the neighborhood dog (a large golden retriever) btw that dog is always loose by accident . the dent was kinda big cause the weight of the child (age 8). well my neighbor wants to sue the kid's parents because of negligence. i think that's really stupid cause the child was walking home from school. i think if she were going to go after anyone it should be the dog's owner cause that big ass dog had no business being allowed to roam around scaring people. what do you think??

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My response:

I agree. Your neighbor is "going after" the wrong person. Additionally, parents are only liable for their children's "purposeful" acts, not their negligent acts. The neighbor would have to sue the child, and wait for the judgment to be paid - - which brings me to my next point: A child of "tender years", such as an eight year old cannot comprehend "negligence" or accidents. Therefore, a judge wouldn't even render a verdict against the child even IF negligence were proved in court. Besides, the child had sufficient and "justifiable" reason to climb onto the car hood for safety reasons.

The actual negligent party is the dog owner. But for the dog being loose and illegally off of a leash, the incident and damages would not have happened. Therefore, if the child's parents can prove that their child was being chased by a dog, then the dog owner is the "efficient proximate cause" of the damages.

Who are you in this situation - - the dog owner, the child's parent, or?

IAAL

friend of the child's parents

i just don't want problems like this in the neighborhood anymore you know? next time i see that dog im calling animal services to pick him up!!!!

jpritchett81 said:

well my neighbor wants to sue the kid's parents because of negligence.

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Where was the 'negligence' by the parents?? They are going after the wrong person.... and should be pursuing the owner of the dogs whose REAL negligence was a proximate cause of the damage.

JETX said:

Where was the 'negligence' by the parents?? They are going after the wrong person.... and should be pursuing the owner of the dogs whose REAL negligence was a proximate cause of the damage.

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yeah that's what i said. im cool with the neighbor but she's coming off like a real jackass right now trying to bother the child's parents. i say get the neighborhood "mechanic" (everyone has one! ) and let him bang the dent out, END OF STORY!!!!

BTW i love these faces!!!!

My response:

. . . and you're welcome.

IAAL

And of course, kudo's to IAAL, as I just saw his post was 20 minutes before mine!!
I have to quit opening these threads then stopping to answer the phone.... posts are made in the interim and I don't see them until MY duplicate response is made.