Q: Gave dog away 3 months ago but no paperwork filed. Now Dog caused a motorcycle accident. Who is responsible for damages
Only proof we have is text messages stating they were willing to give dog a new home. And post on facebook showing we were giving him away.
A:
Unclear how a dog caused a motorcycle accident. If this was a biting incident, the owner is strictly liable. If the person in control of the dog is not an owner, then the injured person would need to prove that the person in control was negligent, while the owner would still be strictly liable.
If the accident happened through other means, injured persons would need to show that the dog owner was negligent (dog off leash, etc.), and/or that the person in control of the dog was negligent. In that case, the owner would ordinarily be liable for the negligence of the person in control.
If you were not an owner, and you were not in control of the dog, you would not be liable.
Whether or not you can prove lack of ownership is a factual matter that would have to be decided by a jury or Small Claims judge.
A: If you no longer owned the dog you are not at fault. But someone is saying you are, so if you had homeowners or renters, report it to them. If you have no insurance, then if you are served with papers respond. You are not responsible legally but if you do nothing when served with papers someone can get a judgement against you saying you are responsible!
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