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Dog killed by car because landscaper left gate open twice Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by schachinger40, Jun 28, 2013.

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  1. schachinger40

    schachinger40 Law Topic Starter New Member

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    Hello,

    I just happened to come across this site today and would be extremely grateful for some guidance. I do apologize if this is in the wrong forum.

    My Mother-in-law who lives in Virginia hired a landscaping company to come by and mow the yard every few weeks. About a month ago one of the workers left the gate open when they left and the dog got out. My mother-in-law was able to find him and immediately complained to the owner of the company. Well, a couple weeks later they did it again and this time the dog was killed by a car.

    Would this company be liable for damages?

    Thank you very much
     
  2. army judge

    army judge Super Moderator

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    Your mother can sue for the VALUE of her dog. The VALUE is what it cost her, not what worth she places on the dog's life. For instance it was a pound puppy. She paid $200 to adopt it. That's the value she could TRY to convince a small claims court to award her.

    Her problem would be PROVING who left the gate open. That won't be easy.
     
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  3. schachinger40

    schachinger40 Law Topic Starter New Member

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    Thank you for your quick reply.

    What about medication or other expenses? Could that be counted towards this value?
     
  4. Betty3

    Betty3 Super Moderator

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    If you mean medication & expenses after the dog being hit by a car & before it died (vet bills for example), she can try. She can't sure for normal medication the dog was taking before being hit by the car or other dog expenses - dog food, shots, etc. that had nothing to do with the dog getting out.

    It "sounds like" the dog was killed (died right away) after being hit.
     
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  5. schachinger40

    schachinger40 Law Topic Starter New Member

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    Yes, you are correct. He died instantly, hopefully :(

    Thank you both for your help. I will pass on the information.
     
  6. Betty3

    Betty3 Super Moderator

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    Sorry about the dog. I'm a dog lover. :(
     
  7. schachinger40

    schachinger40 Law Topic Starter New Member

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    Thank you very much.
     

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