Car vs. Dog question

[Spotondl]

Yesterday my dog got hit by a car and was hurt pretty bad, so far I am into the doggy dr. for almost a grand...
When I left for work the dog, Buddy, was securely locked in the yard. The gardeners came in the afternoon and did not secure the front gate and the dog got out and was subsequently hit by a Jeep Cherokee...
Frankly I am pissed off at the driver (16 YO, just got license 2 months ago) but I understand that accidents happen and it appears that he wasn't driving like an azz. I am REALLY pissed at the gardeners :hammerhea :angry2: , theirs was a screw up that should have been avoided...
My question is, should I go after the gardeners for the medical expenses or should I just sack up and take the $$$ hit? Has anyone had any success in such an instance?
I have been told that the Jeep driver actually has a legitimate damage claim against me as the dogs owner because the dog was not properly restrained. If the driver comes after me I will absolutely go after the gardeners. :eat: :eat:

[mike37]

II have been told that the Jeep driver actually has a legitimate damage claim against me as the dogs owner because the dog was not properly restrained
that is true you owe the kid for damages to his car
now your Gardener should owe you but good luck with that

[Mrs. Psycho Squid]

I have absolutley no idea, but I'm sorry to hear about your dog. :frown: I Hope Buddy feels better soon.

[JetBoatRich]

I lost a dog years ago, when the Cable Guy left the gate open :( sucks, sucked it up and let the guy and his boss know how I feel. Since my dog was dead, no medical expense.
Second incident a couple years ago, my daughter had our dog down the street with her. Not secured, mellow dog. I came out front the dog saw me and started to run home, which he had to cross the street. A neighbor who is deaf was coming down the street at the same time, we screamed at him, but he still hit the dog good. Took him to the vet, rear leg was gone, internal injuries, etc. Medical expenses were going into to be pretty high, DR. was not 100% sure of the injuries. Dog was put down :sqeyes:
Neighbor felt terrible, not 100% their fault. The problem I had with the neighbor is his speed on the street. It is a cudlesac and they live on the end. That is where I let him know how I feel and remind him all the time of the accident

[Backtanner]

I'd have to say go after the gate manufacturer for having not labeling it that if not latched properly your dog might be able to push it open. If it was labeled as such, was it is spanish for the gardeners? That or you could sue Jeep for not designing the cherokee to be more dog-friendly. Hope your dog is OK though.

[Unforgiven]

Yesterday my dog got hit by a car and was hurt pretty bad, so far I am into the doggy dr. for almost a grand...
When I left for work the dog, Buddy, was securely locked in the yard. The gardeners came in the afternoon and did not secure the front gate and the dog got out and was subsequently hit by a Jeep Cherokee...
Frankly I am pissed off at the driver (16 YO, just got license 2 months ago) but I understand that accidents happen and it appears that he wasn't driving like an azz. I am REALLY pissed at the gardeners :hammerhea :angry2: , theirs was a screw up that should have been avoided...
My question is, should I go after the gardeners for the medical expenses or should I just sack up and take the $$$ hit? Has anyone had any success in such an instance?
I have been told that the Jeep driver actually has a legitimate damage claim against me as the dogs owner because the dog was not properly restrained. If the driver comes after me I will absolutely go after the gardeners. :eat: :eat:
My dad owned a Landscaping business, WE WERE RESPONSIBLE for leaving the gate open,due to we know dog is there, owner repeatlly informed us to shut the f#cking gate, and sign was posted on gate...thank God DAD's retired now..............

[Excessive Force]

My gardeners once let my dogs out, 1 got caught by the city animal control, I made him pay for the lock up fee at the center and he paid the court cost of $95 whole deal cost him....$130

[Mrs.Racer277]

Sorry to hear about your dog. I hope everything works out.

[6 Dollar Boat]

I'd have to say go after the gate manufacturer for having not labeling it that if not latched properly your dog might be able to push it open. If it was labeled as such, was it is spanish for the gardeners? That or you could sue Jeep for not designing the cherokee to be more dog-friendly. Hope your dog is OK though.
Sorry about the dog, but this is some funny sh*t...

[malibuken]

sorry to hear about your dog, to some of us they are our kids and have the same impact to our lives. Hope Buddy recoops quickly. :)
And yes, I would go after the gardners, but then again it is your word against theirs, I would try though.

[sorry dog]

Next door S hit head kid left mine out on purpose last Xmas when I was out of town. She got hit on a two lane highway but drug herself home about the time I was getting back in town, and I took her to the emergency vet.
Was in a splint for 3 months, cost me around $2400, and she still has a good limp.
I told the kid I bought a BB gun for him and he's gonna get good usage from it next time I see him.
I hope your dog recovers well.
BTW- I either put padlocks on the gates now or bolt'em down as well as bungie straps.

[HavasuDreamin']

Take them to small claims court. It is somewhat painless and you do not need an attorney. I would think you would have to proove.......
1. Gardners knew you had a dog.
2. Gardners therefore knew the gate was to be closed.
3. Dog became loose because of gardners ineptness.
4. Dog got hit producing $_____ vet bills.
5. Driver sued you for damage to their car for $____.
Good Luck.

[hava life]

My bro in law owns a drywall co. One of his workers ran over a dog on the owners property. The owner sued my bro. and won. So I would think the gardner would be liable since they know you have a dog and left the gate open. As far as the Jeep, not the drivers fault, I feel sorry for the kid. Hope your dog gets well.

[LHC30Victory]

Really sorry about your Buddy - many of us have felt your pain.
Take them to small claims court. It is somewhat painless and you do not need an attorney. I would think you would have to proove.......
1. Gardners knew you had a dog.
2. Gardners therefore knew the gate was to be closed.
3. Dog became loose because of gardners ineptness.
4. Dog got hit producing $_____ vet bills.
5. Driver sued you for damage to their car for $____.
Good Luck.
This may be the right process if that is what you want, BUT you will be required to show that you talked to the gardner/company prior to submitting the court claim. Besides, isn't that the way is used to be done before the da*n lawyers got us all suing each other?

[Her454]

Im so sorry to hear about your dog. My dog was hit and killed last month when the phone company came out to repair a line and had to go into the back yard. They did not secure the gate and she got out. I called and spoke to the technician that was on the call and he advised me that he "remembered" closing my gate and latching it. The phone company is apparently in no way responsible as I cannot prove it.
In 1999 my realtors left my back gate unlatched and my Rott and Shepherd got out and were hit by 5 different cars on the street in front of my house. Killed the Rott and the shepherd was home 2 surgeries later and 3000.00 out of pocket expenses. NO I could NOT put her down.
The realtors also claimed NO responsibilities but I did almost get sued by one of the drivers that hit the Rott as it did considerable damage to his car. He declined after I actually talked to him and explained the situation. I think the fact I was a raging psycho bitch on the verge of an emotional breakdown from the loss of my animal and ready to kill my realtors may have had an impact on his decision but Im not sure.

[Spotondl]

I'd have to say go after the gate manufacturer for having not labeling it that if not latched properly your dog might be able to push it open. If it was labeled as such, was it is spanish for the gardeners? That or you could sue Jeep for not designing the cherokee to be more dog-friendly. Hope your dog is OK though.
Actually the Jeep WAS pretty dog friendly as the bumper gave way pretty significantly and the fiberglass front clip also fatigued to the point of breaking... Leave it to those guys at Jeep to build a front impact doggy crunch zone... :messedup:
I actually do get the humor in that post... I just don't want to be some little litigeous BITGH... LOL

[Tyson Ross]

I used to be an auto claims rep. Had a cow vs. Chevy Dually claim. The Chevy won kind of. Cow dead, Chevy over $6000.00 worth of damage. Our subrogation dept went after owner of ranch that owned poor cow.
Another interesting rule we went by. You stop for a dog, run over a cat. If you lock up your brakes and get rear ended for a dog. Guy rear ending you we found to be at fault for unsafe distance for conditions. If you lock it up for a cat. Comparative negligence for impeding traffic.
Good luck :)

[Spotondl]

sorry to hear about your dog, to some of us they are our kids and have the same impact to our lives. Hope Buddy recoops quickly. :)
And yes, I would go after the gardners, but then again it is your word against theirs, I would try though.
Fortunately or unfortunately depending on how you look at it, the gardeners were on the premises when the accident occured. The neighbors that took Buddy in to the hospital said that the guys just pretty much stood there having no idea of what to do or how to help... The kid driving blew out his right front tire so he was there too... When I arrived on the scene Buddy had been taken to the hospital and everyone was back and standing around discussing what happened...

[Spotondl]

Thanks to everyone for your sympathy and concern...
Spot

[sorry dog]

I used to be an auto claims rep. Had a cow vs. Chevy Dually claim. The Chevy won kind of. Cow dead, Chevy over $6000.00 worth of damage. Our subrogation dept went after owner of ranch that owned poor cow.
Over here in redneck/farming land the farmer gets to sue you for the cow.

[Sleek-Jet]

Over here in redneck/farming land the farmer gets to sue you for the cow.
Open range laws... I had to buy a horse once. :devil: