O/T Motorcycle and dogs don't mix well

old · Oct 13, 2008

Boy went to go to school today on his new to him Honda 360. Neighbors dog jumped out in front of him and he hit the dog. Dog ran off and the boy limped the motorcycle back home. His mom took him to the hospital to be checked out but he seems to be ok other then a far scratches. So now are the neighbors libel for the dog causing him to wreck his bike?? Or is he libel for hurting the dog??
Thanks
Hobby farm

greygoat · Oct 13, 2008

Where I live, in Wisconsin, there are "Leash laws"
dog must be on a leash or confined in a fenced yard. A few years ago, my brother hit a cow
with a motorcycle, at night. Killed the cow
totaled the motorcycle, He was in the hospital for awhile, could have died---farmers insurance
had to pay for everything.

ldj · Oct 13, 2008

Don't know. I live in a small town and about 3 years ago 3 boys were riding horses and a dog started barking and biting at horses foot. One boys horse pitched him off and killed him. I never heard what happened legally. Note this time the dog wasn't fenced. In your case I would say the dog owner is responsible. If it went to court, who knows. I think it would come out about if the gets out often or not and so on. If dogs get out often then people are negligent. If dog has never got out??? who knows. I would say dog owner is responsible ever if it was good fence and dog had never got out before. That is like you have never run a stop sign but this time you do and hit someone, you are still responsible even though you have stopped at that light hundreds or times.

Goose · Oct 13, 2008

I'd have to say the dog owner is liable.

From my experience as an Insurance Inspector, I can say insurance companies take a dim view of dogs. In my inspection reports I normally have to itemize the number, breed, and temperament of every dog on the premises. It's company policy that if a dog prevents me from doing my job, all I need to do is turn in a photo of the dog.

A couple of months ago, while doing an exterior inspection that didn't require to owner to be present, I encountered a very obnoxious pit bull on what appeared to me to be a flimsy tether. Per company policy, I turned in a photo of the house from a distance, zoomed in to get the house number and a photo of the dog showing about a million teeth, and turned them in as a reason for not completing the inspection.

A couple of weeks later, I happened to drive past the house on my way to somewhere else, and there was no dog. Obviously, the insurance company had given the owners a choice between having the dog or having insurance on their house.

In this case, I would guess that if the dog's owner is at all astute, he would be happy to pay any damages out of his own pocket as opposed to having you turn in a claim to his insurance.

Anonymous-0 · Oct 13, 2008

As long as your son was riding in a leagal manner and where he had a leagal right to ride, the dog and its owners are liable - at least in Washington State. The vehicle owner could share some liability if he was riding in a negligent or reckless manner.

Sean Feeney · Oct 13, 2008

Kids have the day off here for Columbus Day, glad he's ok

old · Oct 13, 2008

Not here he has school today hes just going to be a little late and on cruches to boot

Anonymous-0 · Oct 13, 2008

I remember as a young boy riding my new balloon tire bike from my house to the ball diamond on the other side of town. On the way a big german shepherd chased me. I tried to out run that mutt and went thru a red light. Well a school teacher hit me broadside and totaled the bike. That dam dog ran off never to be seen again. Took years to convince my parents there really was a dog chasing me. Never did get another new bike.

Anonymous-0 · Oct 13, 2008

In rural Iowa where there are no leash laws, an owner is not liable for damages if you hit his dog. We are liable for livestock that is normally confined. However, my niece's husband hit a dog out in the country with his motorcycle, took them to court, and won payment for damages. Go figure.

Anonymous-0 · Oct 13, 2008

Connecticut, dog's owner is liable whether or not the town has a leash law.

Dog Licenses started off as a way to collect revenue to reimburse Sheep owners for dog damage when the owner of a dog could not be identified. If the owner of the dog is known, then livestock damages come from the owner and not out of town money.

John (C-IL) · Oct 13, 2008

In Illinois the dog owner is liable. 2 years ago my wife hit and killed a Black Lab that ran in front of her on the road. The car damage was about $1500 that the insurance company went after the dog's owner for.

ohio · Oct 13, 2008

As long as he wasn"t riding thru their yard....

I"ve found the ones that like to chase motorcycles go down fairly consistantly with one good steel toed shot to the head. There is nothing worse than a mean dog, and there is now way to hit one & not go down.

Even a raccoon presents quite an obstical if hit square.

Anonymous-0 · Oct 13, 2008

Looks like your son will be ok, that's good. Here in Calif the dog's owner is resposnible for their dog. Maybe your son will be more aware of dogs now,just one more thing to watch for. I found motorcycles and cars don't mix well either. Stan

old · Oct 13, 2008

Yep I learned motorcycles and cars do not mix well decades ago when I had a 1965 Chev belair make a left turn in front of me. I pretty much total the whole right side of that car and the guy did total my Honda 90 I had at the time. And then he told his insurance company not to pay the bills. They payed and then they dropped him so I bet he had fun getting insurance after that. Boy will be off his feet pretty much for a couple weeks but at least no broke bones that they could see on x-rays
Hobby farm

Anonymous-0 · Oct 13, 2008

I hit a dog in the road in september of 2007. Broke my shoulder and 3 ribs. I no longer ride motorcycles and I care nothing for dogs Lucky for me the boy admitted to it being his dog-Farm Bureau paid for all the related reapirs. The owner is liable-if you can prove it is his dog

RayP(MI) · Oct 13, 2008

Friend of mine, one rainy dark night topped a hill and ran into three cows loose on the road. Car was totaled, she suffered permant injury. Cow owner sued her and collected, in spite of the fact that his cows had been out numerous times, and he had several warnings. Laws vary, Lawyers, juries, and judges don"t always do the right thing.

GeneMO · Oct 13, 2008

Rich, You are only "liable" for things you do wrong. Lets say you give someone permission to hunt on your land, but fail to tell them there is a really mean bull in a certain pasture and they get hurt. You messed up by failing to tell them of all the dangers.

In your sons case, what did he, or you do wrong?
Nothing. What did the neighbors do wrong? They failed to contain their dog, causing bodily injury to your son.

You are not liable for sh*t !!!!

Gene

GeneMO · Oct 13, 2008

One more thing, as I work for an insurance company, in claims, I know that dogs are on the shi* list. In many occasions a dog is an accident waiting to happen. Too often a gentle dog will end up biting a child, generally in the face. This happened to us when we went to visit my best friend, years ago. Their dog jumped up and bit our youngest one in the cheek. Next day the dog died of lead poisoning.

Gene

Lee in Iowa · Oct 13, 2008

A friend of mine had a cow out that was by two vehicles. His insurance company would not pay damages for the vehicles. One of the drivers sued the cows owner for damages and lost. I gues a new precedent was set by a case involving a horse, and now if an animal that is not subject to a leash law is hit the owner isn't necessary liable unless they can prove negligence or something in western Iowa anyway. Lee

Tim in OR · Oct 13, 2008

Here in Oregon. In the Portland area, we have a leash law. However when the Nephiew's Great Dane got out and got hit by a car. It was deemed "The drivers fault" because she didn't stop. It was a "Hit and Run".
The Nephiew called it in and they asked how he knew that the license # was correct. He simply answered because I have the plate in my hand. The dog knocked it off when it got hit.
Tim in OR

dave guest · Oct 15, 2008

Sorry to hear that old. Teach your boy to outthink these dogs. If you see it in time, go real slow maybe in second gear. When dog is close downshift and wide open make your getaway. Dogs have some trou ble timing. If you can mess up their synchronization, your home free. Don't know the legal aspect, but if your boy is street legal and insured, fight it all the way.

dave guest · Oct 15, 2008

Sorry to hear that old. Teach your boy to outthink these dogs. If you see it in time, go real slow maybe in second gear. When dog is close downshift and wide open make your getaway. Dogs have some trou ble timing. If you can mess up their synchronization, your home free. Don't know the legal aspect, but if your boy is street legal and insured, fight it all the way. Some states have laws that it is illegal to not run over a dog in the roadway. In otherwords, if you slow or stop for dog and cause accident, it's your fault.

dave guest · Oct 15, 2008

Sorry to hear that old. Teach your boy to outthink these dogs. If you see it in time, go real slow maybe in second gear. When dog is close downshift and wide open make your getaway. Dogs have some trou ble timing. If you can mess up their synchronization, your home free. Don't know the legal aspect, but if your boy is street legal and insured, fight it all the way.

O/T Motorcycle and dogs don't mix well

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