I was walking my dog and he got out of control and I was not able to keep him within the boundaries of the park and a speeding furniture store truck came by and as my dog just got right into the street he hit my dog really hard and killed him
Sorry to hear about your dog. However, what do you feel the driver did wrong? What was the speed limit and what speed do you believe he was going and what evidence do you have to back that up? Any witnesses? Were the cops called? Was a incident report done? Did you get the info on the truck driver or the company? Have you tried contacting them?
Hate to say it, but since you let the dog get loose, even if you were to file a lawsuit if you know who the defendant is, they are going to blame you and a judge very well may agree and dismiss the case. They may even file a counter claim against you for damage to the vehicle. Even if you somehow manage to get a judgment against them, the problem is going to be this - unfortunately pets are treated as property damage so you would basically be limited to the cost to replace the dog. I know that sounds harsh but thats just the way it is.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Snyder is licensed to practice law in Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
While I feel for you with the tragedy of losing your pet, what you are asking is can you sue someone else for your lack of responsibility - and the answer is unfortunately, NO. It is your responsibility as a dog owner for your sake, the dogs, and others, to ensure that your animal is securely leashed and "under control" when out in public. The notion of "not being able to keep him within the boundaries of he park" makes this even MORE problematic - if you are claiming you were incapable of keeping your dog inside a fenced in dog park. While this is sad to hear, unfortunately there is no reason under the facts to blame the vehicle driver for the results, and that assumes they were even aware what occurred.
DISCLAIMER STATEMENT FOR ANYONE READING THIS BLOG OR QUESTION POSTERS ON AVVO: The response to questions posted on facebook which are responses to questions submitted by anonymous persons on AVVO are in no way intended to establish any form of attorney-client relationship with either the anonymous AVVO question posters no or any social media medium nor should they rely on this information in any pending nor potential legal matter. The responses given are deemed as responses to general questions and fact scenarios posed as an educational exercise only, should in no way be deemed legal advice provided to any persons regardless of when in which the author is licensed to practice law nor to be viewed as a solicitation of clients. Further any comments posted should not be deemed as psychological counseling, or psychological advice for which this author is in no way qualified to provide nor should any reader rely on any such information without first seeking advice from a qualified professional, licensed in the state of the reader’s residence from a licensed qualified psychiatrist, psychologist, mental health employee, licensed clinical social worker, marriage counselor or other persons licensed by their respective state to provide mental health advice. To the best of the author’s knowledge the questions may well be generated for illustrative purposes only and not necessarily posted from real persons seeking legal advice. This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced lawyer depending on the nature of your question in the jurisdiction where your matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement nor casual inquiry for such.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline