Can I sue someone that hit and ran and killed my dog last night?
2 attorney answers
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.
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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.
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