Would you sue some one over....

Topic: Would you sue some one over.... (Read 5127 times) previous topic - next topic

Would you sue some one over....

Reply #30 – November 12, 2006, 10:14:04 PM

Ok, here's an example: Back shortly after high school graduation a buddy of mine was riding his motorcycle home from work at night and a medium sized dog ran out in front of him, right out of somebody's yard. He hit the dog and dropped his bike at about 30 MPH. The bike was totalled and he had a broken leg. The dog was killed as well. He sued the dog owner not only for the value of the bike, but for his injuries (he couldn't work for six months, had to delay university by a year, and was unable to play hockey ever again). Was he right to be so "heartless", or should he have "sucked it up" and accepted his injuries, a lost year at school, and the loss of his motorcycle because a dog owner didn't lock the gate? Would it have been any better if he had only sued for the injuries and ignored the fact that his bike was wrecked?

To think somebody should just accept a substantial loss because somebody else was negligent is ridiculous. Feeling bad about hitting the dog is a given, but swallowing what amounts to a rent or car payment for a lot of people is not right. Everybody here can say it's heartless all they want, but if it was you looking at your wrecked car and wondering how you're gonna be able to afford to repair (or, in the case of most of our cars, replace) it you'd be singing a different tune. Tbirdscott: $1000 is a month's pay for many people. I could come up with it, and apparently so could you, but there are a lot of people that can't, especially two months before Christmas. And nobody should have to in this case, except the person responsible. The dog owner.

The minivan owner also brought up a valid point about insurance. The dog owner's homeowner's policy should cover the deductible. The dog owner wouldn't even be out anything (there is no deductible for a liability claim). He likely just couldn't be bothered to look into it and make the claim. And if the dog owner doesn't have insurance, well, that's his problem.

Like I said: Wild animals are different. Wild animals cannot reasonably be restrained. They don't have "owners". When you own a dog you do so with the understanding that you are responsible for it. You are responsible for making sure the dog is safe, and you are responsible for making sure the dog does not damage other people's property. In other words, the dog should be safe and the public should be safe from the dog. The owner of that dog failed on both counts.

How 'bout if the van driver didn't hit the dog, but was instead walking his own dog, on a leash, along the sidewalk and the other dog attacked it? How 'bout if the other dog bit this guy's dog, but the guys dog fought back and killed the attacker, but ended up with an infection that cost $500 to have the vets take care of? Should the dog walker still be responsible? Or should he feel bad about the dead dog and "suck it up"? This may seem like a different matter but it isn't - in the end, the innocent person suffered a loss due to the negligence of the dog owner. Whether the $500 was to repair a minivan bumper or an infected dog bite the owner of the unrestrained dog is responsible.

As for if it were a child, this argument is irrelevant because it wasn't a child. I, personally, would not know what I would do if I ever hit a child. If I ever did, my car would be the least of my worries, I'm sure. But I can pretty much guarantee that if it came known that the child was known for wandering in the streets and that the parents didn't properly take care to prevent this, the police would certainly have something to say to them (and would likely charge them with neglect. Would the police be "heartless"?).

Would you sue some one over....

Reply #31 – November 12, 2006, 10:16:33 PM

Quote from: Tbird232ci;112992

You have to think, if youre observant while you drive, youll notice a dog just walking around, and when i see things like that, i get on edge and slow down. Paying attention could very well prevent most of these situations.

Bullshiznit, that guy shouldn't HAVE to pay attention. Public roads are places where any person has the RIGHT to drive without caution. This is America. And people like you, slowing down for dogs that should be locked into a 2'x3' pen, are causing all the traffic problems and accidents in this great country of ours.

Would you sue some one over....

Reply #32 – November 12, 2006, 10:30:34 PM

Quote from: Bird351;113082

Un-****ing-believable. You mean to tell me you would beat an animal to death for the hideous crime of standing in the middle of the road, as if the dog is supposed to know that where it stands is a capital offense? Just when I was starting to develop an ounce of respect for you..

Dogs are not people. Dogs do not inherently know where they should and should not stand. YOU should know better than to expect the dog to know better by default.

Beat to death? I never said that. Actually the impromptu plan was to just take the dog out at the kneecaps, THEN go find its owner.

As it so happened, I found the owner eventually. So no harm to the dog. Turned out the dog died a little over a year after my incident because it was roughly 12-13 years old, and as you know, older large dogs develop severe arthritis in their legs and joints. Which means the owners shouldn't let the dogs play near the road if they know the joints are that bad. I wasn't the dumbass that let the dog out. But I did have to deal with that dumbass' negligence and make a split second decision. I opted to avoid hitting the dog. With the car.

I expect nothing from domesticated animals but to obey their owners and to not play on the road (in other words, know their boundaries). In this case the dog did neither. It was obvious that the owners didn't have that much care for the animal if it was out walking the streets late at night, in the cold. And I seriously doubt they had trained the dog to stay away from the street since, obviously, it was standing in the middle of it. None of that was my fault. If I had hit the dog with the car I would have been upset about it, no doubt. But I didn't. So...you can unbunch your panties now.

Quote from: Thunder Chicken

Ok, here's an example: Back shortly after high school graduation a buddy of mine was riding his motorcycle home from work at night and a medium sized dog ran out in front of him, right out of somebody's yard. He hit the dog and dropped his bike at about 30 MPH. The bike was totalled and he had a broken leg. The dog was killed as well. He sued the dog owner not only for the value of the bike, but for his injuries (he couldn't work for six months, had to delay university by a year, and was unable to play hockey ever again). Was he right to be so "heartless", or should he have "sucked it up" and accepted his injuries, a lost year at school, and the loss of his motorcycle because a dog owner didn't lock the gate? Would it have been any better if he had only sued for the injuries and ignored the fact that his bike was wrecked?

Point taken...that really sucks for your friend. I hope he's doing okay now...?

But there is a HUGE diffence between hitting a dog on a motorcycle or in a car.
This person was not injured. Your friend was.
This person didn't lose time off of school or work. Your friend did.
This person didn't lose any wages. Your friend did.
This person has only a front bumper to fix. Your friend lost his whole bike.
These are two totally different situations.

Your friend had a right to sue. And I hope he did, and got everything, and more, that he deserved.
This person will have over $1000 in lawyer's and court fees if he decides to proceed with a claim, which would most likely be in small claims court.
And trust me, I had to help defend someone in a small claims case. Just because you win doesn't mean the other party will pay.
Even if, somehow, the insurance company of the homeowner pays, it's not going to be the full $1000. No insurance company would be that generous.
He would be much better off to save up the money himself and get it fixed, than to waste more than he'd ever get for absolutely nothing.
Yes, it is the principle of the situation and as I stated before, I'm on the guy's side too.
But I don't see a large victory coming in his direction either.

Would you sue some one over....

Reply #33 – November 12, 2006, 11:06:04 PM

Quote from: EricCoolCats;113147

This person didn't lose any wages. Your friend did.

Seems to me he's losing about $500 worth of his wages, unless he gets his money by some other means....

Quote from: EricCoolCats;113147

This person will have over $1000 in lawyer's and court fees if he decides to proceed with a claim, which would most likely be in small claims court....

*snip*

Yes, it is the principle of the situation and as I stated before, I'm on the guy's side too.
But I don't see a large victory coming in his direction either.

Oh, I didn't say it was worth it to sue, I just said he's every bit within his right to do so

Everybody's shiznittin' on the van owner for suing, nobody's sayin' a thing about the guy that caused the problem through negligence not owning up to his responsibilities. Like I said: Judge Judy would have a field day. If I were the van owner I'd be trying to get on the show...

Would you sue some one over....

Reply #34 – November 12, 2006, 11:14:08 PM

Quote

Like I said: Judge Judy would have a field day. If I were the van owner I'd be trying to get on the show...

Impressive. You actually get Judge Judy up there?

Would you sue some one over....

Reply #35 – November 12, 2006, 11:18:21 PM

Oh yeah. We got electricity installed last week. No more crankin' the laptop :hick:

Would you sue some one over....

Reply #36 – November 12, 2006, 11:19:38 PM

This thread originated on four eyed pride by the way, if anyone wants to go check it out.

Scott

Would you sue some one over....

Reply #37 – November 13, 2006, 12:05:38 AM

I love how this turned real personal real quick. If this is supposed to be like a family, this forum, why is it that I feel like the brother that no one wants around? Why is it once someone has a different opinion about something like this, they become targets? So what I defend my rights, does that mean I should have to live with death threats and harsh name calling? Big deal, it's only the internet...but it still doesn't mean I don't fear for my life after someone clearly says that if I wrong them in such and such a way, they will take my life away. And if shooting me wouldn't do it, then clearly saying that I'd be better off never have been born so he could have a pet back....cold.......

I have a lot to offer...but not if the community would rather have me shot...or never born......or just not around. I like the cars...but I'll be ed if I share any information, or parts that I may someday make, or anything for that matter, with a community that makes me feel I'd be better off dead because of a differing opinion.

Would you sue some one over....

Reply #38 – November 13, 2006, 12:28:31 AM

Death threats? DEATH THREATS?! Man, I had hoped you would be smarter than that.

Do you PLAN on coming to southwest Florida with the express intent of running my pets over and then suing me for damages to your car? Because that is the only possible way that what I said would matter. You could not possibly be planning to drive a thousand miles just to run someone's cat down and then sue them for it, can you? Since I'm guessing the likelihood of that nears the impossibly absurd, (like about the same odds that it will begin raining monkeys in my living room while my asshole spontaneously breaks out farting out random Pink Floyd songs) you're making something out of nothing. You cannot possibly be THAT stupid, can you?

Please.. for ****'s sake.. cut the bullshiznit. You cannot possibly be so completely dense as to think that what I said is a likely scenario. If you were that dense, we would all be instantly killed as your head collapsed in upon itself and formed a new black hole, sucking the planet in to its doom.

Okay.. here's a pic of some fluffy puppies to calm you down. Don't run them over.

Would you sue some one over....

Reply #39 – November 13, 2006, 12:53:44 AM

I think a lot of things have been taking out of context... who here has not said or thought of doing something "in the heat of the moment".

Yeah pets are like family but they are pets. and if one is running loose then it is the owners responsibility.

There are a lot of valid points that have been brought up, but why do some take things real personal and other just shrug it off? Personally, While reading the thread I would be pissed about the dog hitting van, and yes I would have gone through the steps that were pointed out but... if insurance would pay of the repair I would only ask for the amount of the deductible... that is what makes me mad is people going for more than is necessary.

And I would pay to have the car fixed right away and seek damages later, I mean what if court were to drag on for a year?? You vehicle would most likely suffer more damage from the damage and then you'd be out more money.

With the bike thing, going for medical expenses and bike replacement and wages yes, but school?? Maybe, but there are other ways to handle school.

Still though people when driving so be observant there would be A LOT less accidents if they were.

Daniel

Would you sue some one over....

Reply #40 – November 13, 2006, 02:35:46 AM

Quote from: xr7cat;113199

Still though people when driving so be observant there would be A LOT less accidents if they were.l

I went to town today, do some shopping etc and on the way there I came around a corner and there was a german sheppard standing in the middle of my lane, guess what happened!

I downshifted, applied the brakes, slowly swerved in to the middle of the road (icy/loose gravel) and went straight past the dog! :eek: yeah! right around it! and the scary part was I had the stereo cranked, I was fiddling with the settings, I was speeding, and there was a 3/4 ton CN rail truck coming the other way! and to top it all off this was only a two lane road! I dont know how I did it! all that with only a few years of driving experience! OMG! I'm so lucky to have survived!

Scott :rolleyes:

Just think that you will experience an accident every 5 miles on the highway and every 1 mile in populated areas, your responsibility as a driver is to look for these accidents coming and avoid them, if you cant do that then you shouldnt be driving.

I know I know shiznit happens and you cant avoid all of them but 99% or better can be avoided if your not an asshat.

PS: Yes, I do realise i'm an asshole, no need to type up a reply to let me know as I am well aware of the fact, thank you for your understanding.

Would you sue some one over....

Reply #41 – November 13, 2006, 04:07:54 AM

Quote from: Bird351;113193

Okay.. here's a pic of some fluffy puppies to calm you down. Don't run them over.

Oh man, that's not funny, but it is, heh.

Ok, so after reading this I can honestly say, in this case, maybe the dog owner should help out with the insurance deductible. I think the minivan driver should push his case through and work his way up through the court system. Maybe he could get even more money out of the guy. Maybe a quarter million or so for mental anguish. YEARS and years of counseling will be necessary. You know what? Screw a quarter mil, that should get between 5 and 7 million. Then he can buy one of these for everyone he knows:

Then he can talk on the phone, rock out to music, drink lattes and run over horses, cows, donkeys and cats without a second thought.

PS - Now I see we've got people over there calling us idiots. No good can come of this.

Would you sue some one over....

Reply #42 – November 13, 2006, 04:36:46 AM

Quote from: Ifixyawata;113207

PS - Now I see we've got people over there calling us idiots. No good can come of this.

Meh, theyre just mustang guys.

Scott

Would you sue some one over....

Reply #43 – November 13, 2006, 11:03:26 AM

Okay now that I've read the whole story (and this whole thread...man you guys can sure get worked up!) it seems fair for the driver of the minivan to be compensated for his $500.

HOWEVER, if I were in his situation I would probably just forget about it. If there are two things that are most definitely not quick, they are insurance companies and the United States justice system. This would most likely be a small claims court situation, which means no lawyers. It also means that the other party does not even have to show up if they are summoned. So this guy would have to pay the court cost and then there is no guarantee the other guy is even going to be there.

To me, that is WAY more than $500 worth of hassle, and something I would simply choose not to deal with. It actually has happened to me before now that I think of it. With my first Cougar. I had just gotten it painted and had the new ground effects installed. I was leaving church one evening and a dog ran out in front of me and I hit it. Totally screwed the paint and messed up the front air dam. I paid to have it repaired myself. Never even thought of suing the dog's owner.

Then again, if more people today took responsibility for their actions or, in this case, the actions of pets in their care, then there would not be a reason to sue anyone over things like this.

Would you sue some one over....

Reply #44 – November 13, 2006, 11:34:41 AM

One comment and I'm out of here:

Do you think this guy realizes what he is saying is in public domain so the person he is sueing could possibly take this info to court and use it aginst him?