Legal Question in Personal Injury in Virginia
Motorcyclist Lays Bike Down To Avoid Dog
A visiting dog (meaning not my dog) runs out of my house and into the street in front of a motorcycle driven by my neighbor across the street, he honks his horn, applies the brakes (there is about a 2 foot skid mark), and then either drops the bike or purposely lays it down. He claims he is unhurt but points out damage to his brand new bike. 2 days later he presents me with an estimate of $509 to fix his bike.
I have 2 issues: division of responsibility, and protection from later claims if I pay now.
Is there any division of responsibility here? I understand we are responsible for the dog getting out. However, given he was within 100 feet of his own driveway and so going slow, the road was clear of traffic, and he put the bike down next to a driveway that gave him room to manuever without putting the bike down, is it reasonable to expect him to share responsiblity for any damage?
Is it reasonable to ask my neighbor to sign a letter releasing my family and the dog owner from any additional property damage or medical cost claims in exchange for paying the $509 he is asking for now. If so, what topics need to be covered by the letter?
Thanks for your time.
1 Answer from Attorneys
Re: Motorcyclist Lays Bike Down To Avoid Dog
It's unclear to me why you're taking responsibility for the actions of an unleashed dog, "visiting" your premises, unless you were acting as a bailee of sorts for the animal, and thereby temporarily responsible for its care and custody.
However, if this animal was merely on your property as a result of its owner paying you a visit, the owner should be responsible for any damages caused as a result of the unleashed animal escaping into the street.
A charge of negligence could lie with the owner who failed to maintain proper control of his animal which by its uncontrolled running into the street became the proximate cause of the damages incurred by the motorcyclist.
And, yes, it would be reasonable for the one who is liable and is willing to pay for the damages caused by this dog to request the kind of release which you've referenced but the releaser might not be willing to include medical costs which at the time of signing might not be clearly known.
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