Dayton, OH asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland

Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but unfortunately a few days later did not make it. Although, a few hours later the wife of the man who hit our dog called screaming about car damage. Months after the loss of our dog, they claim they will sue us for the damage done on their car. After they killed our dog. Forgot to add that the car had left the scene and came back around 20 minutes later.

2 Lawyer Answers

A: I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they can sue you. You should turn the matter over to your homeowners insurance. Believe it or not, it should cover this incident. Again, I am sorry for your loss.

A: If they come after you you should turn it over to your property/farm insurance. A lot depends on who was where. If the dog was clearly visible and didn't dart out they can't make him a hood ornament.

Depending on your township, you may have a duty to keep your dog under control just as you would have a duty to keep other animals under control--i.e. not free to roam.

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.