Who is a fault when a dog is run over by accident yet not killed?

[Southeast Hoss]

Who is a fault when a dog is run over by accident yet not killed in the driveway? 2 blue heelers barking and snapping at the tire and the jaw gets crushed but dog is not killed. Shouldn't the dog be tied up? Couldn't get out of the truck b/c the 2 dogs were going to bite- customer came to van and while backing up- this happened. Any info will help-

 

[bacha29]

I'll try to help. In my state and again this is my state there are laws that require the animal's owner to keep the animals under control at all times.Tell the dog's owner to check out animal control laws in your state as well as any local municipality ordinances then get back to you . Remember if you had been bitten while being there for lawful purposes the dog's owner is liable. in my time as a ground contractor i was bitten twice by dogs and both times the dog owner had no liability insurance. Instead of turning it in on my work accident insurance and eat the deductible I handed the bill to the dog owner and said " Pay it or we go see the district judge" They paid it . In parting I said to the owner " Get someliability insurance on it or get rid of it" . They got rid of it.

 

[whatwhat]

I had almost the same thing happen to me. It was a non preventable.. Animals are considered out of your control. Just be sure to make a point that you tried to avoid them, but they are unpredictable.

 

[Southeast Hoss]

The owners were very mad and called the terminal. So I'm anxiously awaiting the outcome.

 

[rod]

The owners were very mad and called the terminal. So I'm anxiously awaiting the outcome.

The owners only have themselves to be mad at ----unless you came barreling in their driveway doing 90 mph.

 

[retiredTxfeeder]

Most counties I've ever been in have leash laws. You let your dog run loose, you have to expect it to happen.

 

[Southeast Hoss]

No, was in reverse going slow and the dog was snapping/bitting at the rear tire. I guess a tooth got stuck in tread or something?

 

[Slick silver]

I wouldn't worry about it. There only so much you can see in the mirror and camera. Sometimes when I'm in the country and there is a dog out with no leash at a stop, I will blare the horn and rev the motor up to make sure the dogs is away. But the worst ones are the ones that chase the truck down the drive way, just go slow and try to keep track.

 

[FedGT]

Owners fault 100%. The only possible issue would be if you didn't call it in for any reason. No state that I know of allows animals off leash outside of a fenced enclosure. Must be confined to at least a fence in the front yard.

 

[Southeast Hoss]

I called the terminal right after it happened. Then the owners called saying I ran over there dog- SMH

 

[Southeast Hoss]

I called terminal after it happened then the owners called terminal.

 

[TheJerk]

next time let yourself get bit and cash in.

 

[rod]

Owners fault 100%. The only possible issue would be if you didn't call it in for any reason. No state that I know of allows animals off leash outside of a fenced enclosure. Must be confined to at least a fence in the front yard.

There isn't any law like that where I live (maybe in the city limits) but supposedly the owners must maintain control at all times. Needless to say the dogs pretty much free range here in the country.

 

[rod]

next time let yourself get bit and cash in.

I bite used to average about $3,000 in suffering ---more if it affected your sex life.

 

[Southeast Hoss]

LOL-
can we use mace?

 

[BigWork13]

I was under the impression that it's a big "no no" to be in someone's driveway for any reason at any time.

 

[Express Courier]

I was under the impression that it's a big "no no" to be in someone's driveway for any reason at any time.

I guess this could come down to whether this was some rural delivery where the whole property is the driveway.

 

[FedGT]

I guess this could come down to whether this was some rural delivery where the whole property is the driveway.

I must have skimmed over that part. You being in the driveway could very well be turned on you. Considering it is on their property and we have strict guidelines not to do that. I personally would be pretty nervous. I could virtually guarantee being on the ground side that I would be losing a driver on that one.

 

[!Retired!]

You come on here for a legal answer? A simple Google search would give you your answer.
https://www.google.com/search?q=animal+control+laws+in+my+state&ie=utf-8&oe=utf-8

 

[UpstateNYUPSer(Ret)]

Hit a dog on the street? Not your fault.

Hit a dog in a driveway? Your fault.