COMMENT 334051P
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2012-10-21 08:06 PM |
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Ooooohhhh. I have no idea, but I hope the lady wasn't seriously injured. Does your dog have proper documents, like rabies and registration? Have you spoken to the lady to see what her view on the incident is? Let us knowable how this goes.
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COMMENT 334052
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2012-10-21 08:08 PM |
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I don't know if that one is going to pass the doctrine of foreseeability, but if you're sued I'm sure any lawyer would make that your biggest defense.
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COMMENT 334058
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2012-10-21 08:14 PM |
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If the woman was hurt you will be completley liable for her expenses. Your dog, your responsibility. Sidewalks are public rights of way. She had a right to be there. You had the responsibility to control your animal. She was within her rights and you neglected your responsibility.
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COMMENT 334059P
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2012-10-21 08:16 PM |
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Your dog, your responsibility. Legal liability may be another matter, but you should call your insurance agent right away and you should be making sure the person who was tripped wasn't injured, and if she was, you (your insurance) should be planning to pay her medical bills. Generally taking responsibility is a good idea, and often helps sort out the liability issue. Sending her a nice I'm sorry card from you and the dog would also be a nice thing to do.
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COMMENT 334060
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2012-10-21 08:17 PM |
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The dog trips the women? what did the dog do? stick out its paw on purpose? This women is walking and gets hurt from the fall, but she wouldn't have fallen if the dog didn't trip her?
If this goes to court, this has got to be the stupidest lawsuit i have ever heard
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COMMENT 334065P
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2012-10-21 08:19 PM |
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I work in insurance and you have full liability for anything your dog does, anywhere. If she is injured, be really nice. Same thing goes for if your children hurt someone, you're liable. Also, keep in mind insurance companies do not like to see claims involving dogs in any way. Even though it doesn't appear to be a dog bite situation, I would avoid turning it into insurance if she does claim an injury and asks for help paying a Dr. bill or to replace her pants if they were torn. Having a claim involving your pet is often the best way to pay up to 3 or 4 times more in insurance for the next 3 years. Avoid dog claims if you can!
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COMMENT 334065P
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2012-10-21 08:31 PM |
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Also keep in mind that you have a deductible on your policy and anything that costs less than the deductible is your responsibility to pay. Most people have $500 or $1,000 and unless she has broken bones, IF she goes to the Dr., it would not cost much. By the way, the harm of the fall is harm caused by the dog...
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COMMENT 334073
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2012-10-21 08:38 PM |
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I hope you're being overly cautious and that she didn't mention legal action. I can understand if she was hurt or had some damage to clothes, but in lieu of large bills that you're refusing to help out with it's a shame people are sue-happy. Good luck, hope your pup made it away without damage!
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COMMENT 334075
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2012-10-21 08:44 PM |
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I can't believe you even had to ask the question. Was it her dog? No. Your responsibility. Would you ask the same question if your dog bit her? I Really hope not.
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COMMENT 334079
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2012-10-21 08:58 PM |
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You're 100% liable. You're responsible for controlling your animal at all times. Period. The only exception would be if she entered your property without permission. But this happened on the sidewalk so you're on the hook.
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COMMENT 334065P
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2012-10-21 09:56 PM |
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Entering your property without permission does not remove your liability, you are liable for your dog even if someone breaks into your house and your dog attacks them. Even if you post signs saying you have a dog or a guard dog and saying no trespassing. It's true! Your dog, your liability, unless perhaps your dog was defending you from someone that was assaulting you and that may be self defense.
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COMMENT 334088P
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2012-10-21 10:51 PM |
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Just curious: how is your driveway separated from your house by a sidewalk? Good luck to all in this situation.
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D8VANILLA
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2012-10-21 11:00 PM |
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You are not a doctor, so YOU cannot determine how injured the woman was. Did she go to emegency to get checked-out?? Did she see her family doctor? Sometimes, after taking a fall, a person will not know the injuries till the next day, when the bruises show up and the aches and pains start. Good luck and let us know what happens. ps- turn it over to your homeowner insurance company.
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COMMENT 334102P
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2012-10-22 01:40 AM |
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If my dog caused someone to fall, I would bend over backwards to try and make it right. It is because of you that this woman suffered any trauma or possible injury. What most people don't know is that "your driveway" ends at your property line. From the boundary of your property, across the sidewalk and parkway (that green nature strip between sidewalk and curb) and to the street is all "access" driveway and belongs to the City/County/Public. Throughout Santa Barbara you will see vehicles parked, often for prolonged periods of time, in the "access" part of driveways. This is not legal use and the vehicles may be ticketed (never happens) if parked for longer than 72 hours at a time. Since your irresponsible dog ownership caused this woman to fall, you really ought to gift her something special; something that shows your contrition over causing her this upset. Falling is no fun, especially if you're over 40, and the bones are becoming more fragile. Keep a better eye on your dog from now on, and keep the pedestrians safe. Good luck with all of this.
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COMMENT 334122
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2012-10-22 06:57 AM |
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Seek legal advice, not angry Edhatter rants. It's never a good idea to post about legal problems online. In a small town, it's too likely that it could end up being used against you. Lawyers these days offer free consultations and they are entirely confidential. If you have homeowners or renters insurance, consider calling your carrier to discuss your options.
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COMMENT 334126
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2012-10-22 07:06 AM |
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Sounds like your habit of letting your dog out of the car has crossed a pedestrians's right of way on the sidewalk. Should she have been more careful walking across your driveway knowing that you and your dog have a particular ritual? Or should you have been more aware of the imminent danger you posed to the pedestrian when you made your way into the driveway crossing the sidewalk in front of her, knowing full well what your homecoming ritual is? Your responsibility in the car, with the dog, to be aware of the danger you pose to others.
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COMMENT 334138
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2012-10-22 07:45 AM |
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I hope that both parties are understanding and can resolve this without a lawsuit. No leash? Your responsibility. (I once saw a ranger ticket a person who let their dog out without a leash, within a few feet of the Wilcox entrance on Bortin Lane. The dog was on the Wilcox before the lady had a chance to close the door. I thought it appropriate The ranger didn't. It was 10 years ago the ticket was $80 or was it $180 I don't recall but either way, it was startling.)
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COMMENT 334147
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2012-10-22 07:54 AM |
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Too bad you couldn't have tended more closely to the situation and catered to the woman's fall. It's a sad state when you've got to worry more about the liability than taking care of the person when it happens. I know, not everyone is accomodating. Yet if it were a Woody Allen Movie, you'd have fallin' in love and become best friends from such an occassion.
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COMMENT 334154
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2012-10-22 08:12 AM |
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Several years ago, someone reached into my truck and gave my dog a hug. (This from a witness and would you do that?) I had parked 'out of the way". I am sure in self defence, my dog bit, or hit him with her teeth. He got a small cut on his lower lip. Then he got a lawyer. Dare I say sleazy? He walked away with $25K and the comment that it was 'nothing personal'.
There is NO DEFENSE if your dog bites IN ANY CIRCUMSTANCES.
In his effort to get more money, he had testified that the dog jumped out of the truck, bit him and was back in the truck within the 15 seconds it took me to get there. He had no explanation as to how she got back into the truck in those 15 seconds.
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COMMENT 334160P
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2012-10-22 08:23 AM |
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Yer skrewed.
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COMMENT 334163
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2012-10-22 08:27 AM |
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Was it foreseeable? Has your dog jumped out of the car and run to/in front of people in the past? Were the women visible when you opened your car door? Were they in the "zone of danger" when you opened your car door. If so, you probably have liability for negligence. "Strict liability" (ie, liability without negligence) applies to dog bites, not dogs "tripping" someone. However, if the accident was foreseeable to you as a reasonable person, you are liable for negligence.
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DIRTYHARRY
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2012-10-22 08:29 AM |
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I've heard this story before, "Oh gosh my dog just jumped out the window of my car and knocked some kid over." Sorry but you are liable for allowing your dog to run without a leash across a public sidewalk—it is not your dog's fault. "Public" refers to everyone. That means that the woman has a right to use that sidewalk without being impeded by an unleashed dog, in this case owned by you. Dog owners who fail to control their animals put other people and their properly leashed pets at risk. I watch in amazement, and I'm not saying you do this, as dog owners walk with their animals unleashed on the beach and watch while their dog scampers playfully up to people sunbathing and enjoying the beach and shakes their wet fur and/or knocks sand all over the people. All the while, the dog owner stands a short distance away calling, "Skippy, c'mon Skippy." The law will assert that your actions as an irresponsible dog owner were directly responsible for the woman's fall. Now if she wasn't really injured I would not expect cause for a big law suit. You are very fortunate indeed that she didn't strike her head and suffer serious injuries, broken teeth, brain injury or broken bones. Some flowers and a promise to pay for any damaged clothing and any injuries might keep you out of court.
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COMMENT 334166P
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2012-10-22 08:31 AM |
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I'm sorry this happened to the pedestrian and to you and your dog., but ask this question of a lawyer for the best answer.
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COMMENT 334058
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2012-10-22 08:33 AM |
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There is defense if your dog bites. Several years ago, a door-to-door salesman came to my neighborhood. He knocked on my door & I foolishly opened it. I realized it a bit too late & told him, "no thanks" and began to shut the door. The little twerp put his foot in my door! I was larger than him, & I determined to put my hand on his chest & push him back but I never got the opportunity. My dog rushed forward & bit his leg. He, of course, ran screaming things like "I'll see your dog dead" & "I'm going to the cops!". My neighbor, who witnessed the whole thing, & I called the police ourselves, relating the incident pretty much as I have here. The cops said I had nothing to worry about & if the guy was ballsy enough to file a complaint they'd arrest him for home invasion. And, that was the end of it. He never filed, far as I know. The cops never came by even though they knew my address & my dog (who was quite large).
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COMMENT 334176
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2012-10-22 09:03 AM |
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My dog went over to say hello to the postman that he had met the previous day. The postman reported it to animal control and stopped delivering mail. Animal control showed up in 15 mins to check that the dog was licensed. When I realized that my mail wasn't being delivered, I called and was told I had to go to the post office and sign a form that my dog was never allowed to be in my front yard uncontrolled or the post office would cease delivering mail forever. A word of warning to people that like to let their dogs out in their front yards off leash.
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COMMENT 334182
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2012-10-22 09:28 AM |
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334138 - You have to have your dog on the leash WELL INTO the Wilcox property. Been that way for a long time.
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COMMENT 334183
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2012-10-22 09:29 AM |
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176 wow, just wow. That sounds more like a power hungry postal worker using their tiny leverage to assert what little power they have... what a wimp. I have to admit, the arrogance and attitude of many of the postal workers in this town is out of hand. I've lived many places and never found nearly as much attitude as I have from the few postal workers that I have dealt with here. I laugh at their petty attempts at control - do they realize that they deliver mail in Santa Barbara where its perfect 300 days a year? They should all be transferred to Minn for a few years... they might realized how good they have it and drop the attitude.
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COMMENT 334185
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2012-10-22 09:30 AM |
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Dog owner = 100% liability. Get a copy of the NOLO press book on dog laws.
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COMMENT 334186
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2012-10-22 09:32 AM |
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Did you contact your insurancecompany?
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COMMENT 334196
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2012-10-22 09:41 AM |
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176 - YOU say your dog went over to say hello....what actually happened was that your pit bull charged the mailman and jumped up on him. True, your pit was trying to be friendly. And calling animal control may have been a tad excessive. But mailmen deliver mail to hundreds of houses, and if every one had a big dog loose in the yard, there would be no more mailmen. he was 100% correct to stop mail delivery to your house.
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RESIDENT
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2012-10-22 09:44 AM |
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I know of a case where the dog was in a fenced yard and barked at a woman walking past the yard on the sidewalk. She said that she was so scared that she fell and hurt herself. So she sued the home/dog owner and won a significant judgement. The home owner's insurance paid all exept the deductible.
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COMMENT 334247P
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2012-10-22 10:47 AM |
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While I like most of the questions posed on edhat, this is one for a lawyer/insurance agent. I am neither and I would not rely on any advise here and I would not presume to offer legal advise. Regarding mail deliver and dogs: my mother's mail carrier told her she could not deliver mail due to loose dogs. The loose dogs were 1.5 blocks away and around the corner (according to the carrier) We wondered what she wanted my mother to do. BTW, no mail but there was a note in the box!
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COMMENT 334255
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2012-10-22 11:01 AM |
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One additional thought....if you are a landlord and your tenant's dog bites someone on your property *you* are responsible for any damages.
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COMMENT 334183
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2012-10-22 11:07 AM |
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255 - that's not completely true. You shouldnt spread needless rumors. Negligence and liability are not the same. Lawsuits always go after the parties with the most money...
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COMMENT 334273
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2012-10-22 11:25 AM |
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Ugh... get control of your pet’s people; stop bringing them to restaurants, and pick up their feces. If your animal hurt someone, then yes, you’re getting sued. 100% your liability.
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COMMENT 334285
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2012-10-22 11:45 AM |
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Our dog got out once and bit another dog. my husband went with the woman to the vet and we paid the bill. We are extra careful, but this happened. i would leash doggie when you are bringing him in from the car.
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COMMENT 334176
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2012-10-22 11:57 AM |
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196, I was in the wrong to let my unleashed dog approach the mailman. But later I found out that he was in the wrong to be friendly to my dog the previous day- they are not allowed to have any contact with dogs. So if I wanted to retaliate I could have reported him for conduct unbecoming a postal worker. Instead I signed the agreement and don't allow my dogs to be off leash in unfenced areas of my yard. But I see that a lot of my neighbors let their dogs roam free so wanted to let them know what could happen.
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COMMENT 334323
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2012-10-22 01:05 PM |
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Uh oh! Your dog was "at large" and should have been tethered and not allowed to run freely from your vehicle. See Dogs Act 1871: "...It is an offense for any dog not to be kept under control, not kept on a lead or muzzled. This applies where the incident happened, including on private land, and it protects trades people such as postal workers, who are regularly at risk from dogs."
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COMMENT 334403
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2012-10-22 03:51 PM |
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If she makes a claim, submit it to your homeowner's or insurance and let their lawyers deal with it. It is unfortunate, but this is why we have insurance.
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COMMENT 334472P
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2012-10-22 07:16 PM |
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Gee, Edhat sure gets a lot of volunteers to practice law without studying at all! :-) "Belief" and "Opinion" where one might hope to find "Knowledge". Attorneys would likely withhold quick opinions like these and probe with detailed questions seeking the facts. Good attorneys might even want to refer to their latest law books before so much as offering any legal opinion; especially an unqualified opinion. Note to Ed's questioners: Try to give the details as precisely as you can. Happy unqualified beliefs and opinion readings to all. And bless Edhat!
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COMMENT 334060
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2012-10-22 07:55 PM |
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YOU already admitted Guilt! You never admit guilt in any case because there are laws that you don't know about. You just flopped your case on a local main news hub for Santa Barbara. If this goes to court you have already lost!
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COMMENT 334052
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2012-10-23 08:12 AM |
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You wouldn't argue guilt in court. You would argue that this wasn't a forseeable event like 052 and 163 said. When I took business law this would come up often, say a delivery man didn't set his e-brake, his car rolls down the hill, knocks over a power poll, sets the field on fire, the fire goes on for two miles, ignites a barn, a nearby motorist gets hit by a chunk of the barn and suffers injury. Is the delivery driver liable? Most states would say no. I'm not saying this is or isnt forseeable, that's just what you argue.
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COMMENT 334600
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2012-10-23 09:40 AM |
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I was a claims adjuster. As intuitive as it is to send an "I'm sorry" note, you shouldn't do it, especially if there is ANY chance that you may be liable. In this case, I agree with those who have said, "Your dog, your responsibility", or liability, in this case. If she sues, even if she wasn't significantly injured, your "Im sorry" note is usually viewed in court as an implicit acceptance and admission of liability.
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COMMENT 334796P
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2012-10-23 04:44 PM |
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uh, if the dog didn't bite her and she didn't take photos or have witnesses there's really no way she can prove that your dog caused her fall, aside from the fact that you posted about it on edhat...
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