Long Beach, CA asked in Animal / Dog Law and Car Accidents for California

Q: A dog was running across the street without its leash and got ran over by my back tire.

The dog did not make it and the owner is requesting $1,500 claiming that is what they paid for their dog. Am I at fault if the dog was without a leash and running across the street and I did not see him? A witness said that the owner often lets her dogs run out to use the restroom unleashed. What is the best way to go about with this type of situation.

4 Lawyer Answers
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If you saw the dog or had time to brake, were distracted, speeding, etc., you might have some liability. The mere fact of running over a dog does not make you liable. You have to have some fault.

Regardless of your fault, if any, the owner of the dog should be assessed at least 50% and maybe 100% for violation of leash laws and failure to control her dog.

Tender the claim to your insurer and let it handle the matter. It will assert all appropriate defenses on your behalf and pay any sums you are legally obligated to pay, up to policy limits.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If you aren't insured, you can refuse to pay, wait to get sued in Small Claims, and go to court and explain to the Judge why you aren't at fault. The judge may not award any damages against you at all, depending on circumstances.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

with the little i have i do not think you are at fault.

if the owner pursues it i suspect it will be in small claims court.

you may want to prepare a self serving letter expressing condolences.

explain you have talked to several lawyers who unfortunately said liability was with the owner for letting his dog out without a leash and that you have wits who expressed this is/was a regular thing where his dog was let out without leashes etc

if you have insurance tender it to them.

1 user found this answer helpful

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: It is a sad tragedy and there is no way to make the dog owner feel better. only time will do that. Researchers say that losing a dog is like having a family member dying on you. Show compassion for the loss. Do not blame the dog owner and express your sorrow in a manner that is not confrontational.

Explore with your car insurance company whether they can handle it. Do not talk to the dog owner and do not make any offers to settle. If the car insurance refuses to do it. Then talk to your house insurance agent and ask them whether you ae covered for accidentally hitting the dog. My feeling is that the dog owner is in pain and feeling guilty for letting the dog run outside without a leash. However, your arguing with him is not going to help things. Best of luck.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.