Can be sued if a friend's dog was hit by a car because I didn't close the gate?

Question

My friend and her friend left her house for a birthday party, and her friend left her dog at my friends house in the back yard with her dogs. I was driving to the party in my car, and my friend ask me to stop by her house to pick up some salads for her that she had forgotten. She told me to go through the side gate if the door was locked, which it was, so I open the side gate, and I guess I didn't close it good enough, so her friends dog got out, and was hit by a car and lived but broke hip and pelvis. The surgery was $2,000 and she says it's my fault that she is going to sue me. Is she going to win the suit?

Jared Altman · Answer

I doubt that she will win. I think the judge will side with you do long as you tell the judge that so far as you know why she closed the gate.

David Stoddard · Answer

It is really hard to say.  It may be up to a jury as to whether you were negligent. One issue is why you didn't secure the gate.  If the gate is "tricky" or could appear to be properly secure when it isn't, then your actions may not be considered negligent.

Timothy Klisz · Answer

It might be covered and defended by homeowners insurance, so really not a worry. I don't like the chances of the success of the case, however.

Kevin Habberfield · Answer

Possibly. If you have homeowners coverage or your friend does, they may pay for you. Try submitting the claim there first. Dogs are considered property so you may be able to make a property damage claim. Otherwise, since it is your fault for leaving the gate open knowing there were dogs in there, I would say sorry to my friend, ask if they would be willing to split the bills and call it a day. Not worth losing a friend over and the dog would have been fine if you had been more careful.  Good luck.

Robert Lucky · Answer

Anyone can sue or be sued. The question is whether the case is legitimate. There may be a judge who finds that you were negligent in leaving the gate open and thus causing the dog's injuries. However, the homeowner may also be found to bear some of the responsibility as well as the dog owner herself for leaving the dog with the friend. There are many different things that can happen.

Thomas Bulman · Answer

If you knew this woman well enough to be messin' with her salad, you should have known about the dog scenario.  However, knowing her dog was a wild one, she should have warned you.  Both to blame.  50%  Judgment for the Plaintiff. You were careless and the dog escaped.  It is foreseeable that the dog could be struck by a car.  She should have warned you about the dogs.

Bernard Huff · Answer

If you were negligent, you may be liable for the dog's injuries.

Andrew Velonis · Answer

You are responsible for the loss that could foreseeably result from your negligence, so that would probably include the dog escaping and getting hit by a car.  But: you are only liable for the amount of the damages that you caused.  That means the cost of repair, up to the value of the property.  Suppose you had borrowed your friends car and damaged it and the cost of repair was $1,000 and the car was worth $10,000; you would be liable for $1,000.  But, if the cost of repair was $3,000 and the car was worth only $2,000 you would be liable for only $2,000 because they could buy an undamaged car of the value of the one you wrecked.  So, what is the value of the dog?  How much would it cost to buy a dog of the same breed, age and health of the one that was injured?  If it's less than $2,000 that is the extent of your liability.

Paul Whitfield · Answer

Anybody can be sued on any account. Proving a case is a different matter.

Steven Fink · Answer

You can be sued.  Of course, she was responsible initially for forgetting the salad.  She has to show that a foreseeable consequence of your not closing the gate is the dog escaping and getting hit by a car. Escape is easy to show.  Car is harder.  Driver may also be responsible for hitting dog.  Best guess is you should pay portion of expenses.

Bradley Cornett · Answer

You should immediately put your insurance carriers on notice of this potential claim.  This includes your homeowners (or renters) policy and any umbrella / excess policy.  Based on the information provided, it is impossible to say whether or not you are legally liable.  You "guess" you didn't close the gate "good enough."  If you closed the gate, then don't "guess" yourself into fault.  Do not discuss the matter further with anyone except a proper representative of your insurance company and/or your attorney. Do not post admissions online (Facebook, legal advice websites, etc.) as your comments may be used in court some day.

Michael Mckell · Answer

That is an interesting question.  If you were paid to watch the dog and you were negligent, I don't see any reason why you couldn't be sued.

James Kelaher · Answer

Probably, based upon the facts that you described. Why don't you discuss an amicable resolution? Once she files the lawsuit, then the filing fees, frequently around $450-500, will be added on to whatever judgment she gets against you. It's best to try to work it out with her before she files the lawsuit.

Michael Heilmann · Answer

She can sue you. Whether she wins or not is up to the Judge.

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Can be sued if a friend's dog was hit by a car because I didn't close the gate?

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