Q: An ATT tech hit my dog in front of our house, on a private driveway. They denied the claim because my dog was loose.
The dog wasn't on public road, but on the side of a private driveway, defecating. The driver was going too fast, was not paying attention, and hit and crushed her skull with his truck. My understanding is that my dog can be loose on private property. She did not run to, or in front of the truck. She was still, and there would have been plenty of space for the driver to go by without hitting my dog. The driver was reckless and drove too fast, didn't pay attention - otherwise there is no way he could have missed seeing the dog. Visibility was good. My dog is not vicious - my understanding is that she was allowed to be loose on private property, for as long as she didn't go onto public road. Do I have basis to sue them? Or is there any other way to at least recover the value of the dog? She was a purebred dog, and I'm a breeder. Losing this dog was a huge financial loss for me.
A: File a claim with their insurance company. You can claim for the financial loss, and also may have a claim for negligent infliction of emotional distress. I'd suggest you talk to a member of the NC Trial Lawyers Assn/Assn for Justice --- they focus their practice on these types of cases, and give free consultations.
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.