Legal Question in Civil Litigation in Virginia

Pet owner responsibility when dog hit by car

Dog broke free of leash, ran into street and was hit by a car. Vehicle owner wants pet owner to pay for vehicle bumper repair. Accident happened at 3:30am and vehicle owner did not want to file a police report. Is the dog owner solely or partially responsible for paying for the car repairs, or does the vehicle driver retain some responsibility for striking the dog? The area is well lit and the dog came from the left side of the road while the car was traveling on the right. The dog owner received a vet bill for examining the dog. Thank you


Asked on 3/29/05, 4:32 pm

2 Answers from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: Pet owner responsibility when dog hit by car

You would have to have been negligent in order for the driver to have a claim...How did the dog get out? Was that your fault? Was the accident avoidable? Your negligence has to have been the proximate cause for the damages in order for you to be liable.

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Answered on 3/29/05, 4:41 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Pet owner responsibility when dog hit by car

If the dog broke from its leash, this in itself is virtually prima facie evidence of your negligence, assuming, of course, that there was a leash law in effect. How you could ascribe culpability to the driver for contributing in some manner to the collision of his vehicle with your unleashed animal on a darkened road, I simply do not see.

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Answered on 3/31/05, 11:19 am


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