Rutherfordton, NC asked in Animal / Dog Law, Car Accidents and Insurance Bad Faith for North Carolina

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.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

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.

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