"Driver kills dog near Cloquet, then sues owners"

kstar · 05-08-2008, 07:50 AM

How about this?

Quote:

The Associated Press
Article Last Updated: 05/06/2008 11:55:28 PM CDT

DULUTH, Minn.—The driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.

Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.

Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.

Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.

Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.

"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."

Munthe said she has always been worried about the busy road the family lives on.

"We would have never let him off-leash because we're so terrified of this road," she said.

The case will be heard in St. Louis County Court on Friday.

The Munthes have filed a $2,400 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester.

http://www.twincities.com/minnesota/ci_9176242

legion · 05-08-2008, 07:53 AM

Seems fine to me.

If you left your bike in the middle of the road and it damaged someone's car, you would be liable.

MRM · 05-08-2008, 08:04 AM

I think this is a relic of common law handed down to us by our British cousins. The general rule in the US is that loose animals on the road that get hit are considered the responsibility of the owner and the owner is responsible for the damage for not controling his animal. Believe it or not, this is actually a big deal in rural areas where cows and horses get loose and are hit on the road, especially at night. Hitting a horse or cow full on will destroy the car and can kill the occupants.

Interestingly, there is an exception for animals being driven (the owner is on foot shooing the animal along) by the road. If the animal is being driven, he is considered under control of the owner and if a passing motorist hits the animal it is the car driver's fault.

You didn't know this area of the law was so well developed, did you?

peppy · 05-08-2008, 08:05 AM

If there is a dog confinement ordinance, then I think he will win.

David · David's Garage

Makes sense to me.

I was told if you hit livestock and there's any sort of marking tag on the animal to cut it off before the rancher does. Otherwise he'll cut it off and claim it's not his animal.

Horses are a different story. If you can drive your car after hitting a horse, get the hell away from there, as you could end up paying for the horse and their potential offspring. Ever wonder why you see thoroughbred signs on horse trailers? It's because they're warning you of the finacial cost of hitting it.

sammyg2 · 05-08-2008, 08:09 AM

A dog owner is responsible for the actions of his dog and the consequences.
If his dog caused damage he is responsible for it.
If he is too irresponsible to keep a dog under control or on a leash or fenced up, then he has to pay. This is very clear, no grey area at all IMO.

Moses · 05-08-2008, 08:11 AM

Quote:

Originally Posted by MRM

I think this is a relic of common law handed down to us by our British cousins. The general rule in the US is that loose animals on the road that get hit are considered the responsibility of the owner and the owner is responsible for the damage for not controling his animal. Believe it or not, this is actually a big deal in rural areas where cows and horses get loose and are hit on the road, especially at night. Hitting a horse or cow full on will destroy the car and can kill the occupants.

Interestingly, there is an exception for animals being driven (the owner is on foot shooing the animal along) by the road. If the animal is being driven, he is considered under control of the owner and if a passing motorist hits the animal it is the car driver's fault.

You didn't know this area of the law was so well developed, did you?

Funny, those standards make pretty good sense to me.

Mule · 05-08-2008, 08:13 AM

If a 13# dog did $1100 worth of damage, he was either flying or Hondas are made of paper meche.

Hugh R · 05-08-2008, 08:23 AM

Mule,

I hit a oppossum with my old DB4 about 30 years ago. It did an incredible amount of damage including shoving the oil cooler under the bumper up and into the radiator and water pump, destroying all three, not to menton the aluminum body work damage. Several $1,000 worth of damage back then. If it had been a person's dog. I'd have probably gone after them.

Aerkuld · Aerkuld's Garage

Looks as though the lawyers will do Ok out of it. My Father did tell me not to be an engineer - wish I'd listened.

widebody911 · widebody911's Garage

Quote:

Originally Posted by legion

Seems fine to me.

+1

If the dog bit the driver, would he be any less liable?

MRM · 05-08-2008, 08:32 AM

Car driver guy is suing on his own in small claims court. How do you think lawyers are going to do well (or even be involved) in a case where the demand is $1,100?

vash · vash's Garage

Quote:

Originally Posted by Mule

If a 13# dog did $1100 worth of damage, he was either flying or Hondas are made of paper meche.

thinking the same thing. or the dog was wearing body armor. oh well. driver should have center punched that dog with a front tire.

DaveE · 05-08-2008, 08:43 AM

Quote:

Originally Posted by Hugh R

Mule,

I hit a oppossum with my old DB4 about 30 years ago. It did an incredible amount of damage including shoving the oil cooler under the bumper up and into the radiator and water pump, destroying all three, not to menton the aluminum body work damage. Several $1,000 worth of damage back then. If it had been a person's dog. I'd have probably gone after them.

Yeah, but THAT'S a BRITISH car!

BlueSkyJaunte · 05-08-2008, 08:50 AM

A min-pin? Those damned things are spring-loaded. The owner should've known better.

speeder · speeder's Garage

Quote:

Originally Posted by Mule

If a 13# dog did $1100 worth of damage, he was either flying or Hondas are made of paper meche.

A frigin' blade of grass can go through a telephone pole in a tornado, and if I could swing a pillow 200 mph, it would take your head off your neck.

Rick Lee · Rick Lee's Garage

I think in a lot of rural areas "open range" laws take effect and then the DRIVER is liable for compensating the owner of an animal he hits, especially livestock, which can run some serious bucks. There was a guy here who, with his wife on the back of his BMW 1200GS Adventure, hit a donkey at hwy. speed up near the Grand Canyon south rim. IIRC, his insurance had to pay for the donkey and the totalled bike.

Porsche_monkey · 05-08-2008, 09:17 AM

Standard practice where I live. Dog owner pays. Keep your dog off the road.

Rikao4 · 05-08-2008, 09:18 AM

Dog owner,
insert 5 yr old boy,
now everyone says what ?
I agree the dog should have been leashed.
13 lbs dog...the guy was not doing the speed limit for sure .

Rika

Mule · 05-08-2008, 09:26 AM

Quote:

Originally Posted by Hugh R

Mule,

I hit a oppossum with my old DB4 about 30 years ago. It did an incredible amount of damage including shoving the oil cooler under the bumper up and into the radiator and water pump, destroying all three, not to menton the aluminum body work damage. Several $1,000 worth of damage back then. If it had been a person's dog. I'd have probably gone after them.

I absolutely understand. Possums are low & thick. Min Pins are tall & slender. Is a Honda as expensive to fix as a vintage Aston Martin?