Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I hit a dog on my way home from work. The dog ran across the road. The dog was slightly hurt and the owner picked it up and carried it to the sidewalk. My car was damaged and it is in need of repair as a result of hitting the dog. Who is at fault? There is a leash law in town. What do I do?
You have the legal right to sue the owner for damages to your vehicle if your state has leash laws that require dogs to be kept on a leash at all times while out in public. If the owner was in fact negligent (ex – did not keep their dog properly leashed in public), then he or she may be held liable for damages. However, if you ran the dog over while it was on the owner’s property, then you may be held liable for damages.
Additionally, you may be counter-sued for the destruction of private property (the dog). The damages for the destruction of property may be more than the value of repairs needed for your car. You should contact a local personal injury attorney for legal advice.
