Re:My dog was killed on a walk with a walker ordered through...
by pdonis on Friday January 18, 2019 @03:23AM
(#18937848)
> In a situation where the dog or owner isn't negligent but the driver is, it's useful to talk about whether the dog was on the leash, in the crosswalk, has right of way, is walking with the walk signal on, and is visible.
All those things, as you say, can bear on the driver's responsibility (or the owner's responsibility, if, for example, the owner allowed the dog to go out into the street when the walk signal wasn't on). But that's part of the factual description of the case. It does not assign fault to the dog; if the dog did something like go out into the street when the walk signal wasn't on, that makes it the owner's fault, not the dog's.
Re:My dog was killed on a walk with a walker ordered through...
by benatkin on Friday January 18, 2019 @03:34AM
(#18937902)
Hmm, that's a very good point, that speaking of the mistake by the dog (which the dog didn't have any way of knowing better) in the factual description is separate from assigning the fault. I concede the point and agree that the dog is never at fault in an accident.
The only argument I have remaining is that while it's an incorrect statement, I don't think saying the dog is at fault in an accident is insulting, because being at fault in an accident is often only an honest mistake (albeit sometimes with tragic consequences).
The pigeon is a nonentity in the accident. It's as much at fault, or not, as a tree. And it doesn't need medical or cremation bills paid. Cleanup is handled about the same way as debris from a car.
In a situation where the dog or owner isn't negligent but the driver is, it's useful to talk about whether the dog was on the leash, in the crosswalk, has right of way, is walking with the walk signal on, and is visible. You might prefer to leave the dog out of it and talk about the owner, but I could see myself wanting to get straight to the point and talk about the dog. I imagine lawyers also might be inclined to cut to the chase and talk about whether the dog was following the rules of the road.