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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102346
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My dog was t by a car while being watched by a couple that

Customer Question

My dog was hit by a car while being watched by a couple that was hired to care for him while we were on vacation. He know will need medical expenses exceeding $10,000 and personal care for the next 4 months and rehab. IN addition, there are opportunities that he might have to have future surgery.
Do I have a legal right to pursue these costs and future costs?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am very sorry to hear about this. Please tell me:

1) How was the pet hit? Did he run out on the road? Was he on a leash?
2) Did the couple who was watching him lose their grip on the leash?

Please be specific. Thanks.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
We've received mixed stories. The first was on a voicemail I received when we returned from Europe. She said he ran out of the front door of their home. He doesn't do that, but that's their claim. This was also at 12:30 am on a Saturday night/Sunday morning. He was checked into ICU at 1:30 that night. When we spoke to her, without here knowing that we heard that voicemail, she claimed that Crosby had his ball in his mouth and that he dropped it. It bounced into the street and he chased it. No leash or mention of any harness.They ruined our last three days of vacation and now we'll have to be with him regularly while we heals at home after this surgery. They have switched the credit card at the emergency room, but there will be additional expenses when he leaves here for rehab and possible future surgery.So not sure on how to proceed.
Expert:  Ely replied 1 year ago.

Thank you.

Well, the bot***** *****ne is that someone in your situation has a case for negligence if they did not do what was expected of them in such a situation while looking out for the dog. So if they let the dog out without a leash, or, encouraged the dog to play in the road, or react in a reasonable amount of time, etc, then this may be negligence.

The elements of an action in negligence are a legal duty on the part of the defendant, breach of that duty, and a showing that such breach was the proximate cause of injury, resulting in damage to the plaintiff. Trimyer v. Norfolk Tallow Co., 192 Va. 776, 780, 66 S.E.2d 441, 443 (1951). "The proximate cause of an event is that act or omission which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces the event, and without which that event would not have occurred." Beale v. Jones, 210 Va. 519, 522, 171 S.E.2d 851, 853 (1970).

Likewise, the driver may have been negligent if they were driving too fast and/or should have stopped in time.

So it depends on exactly what happened, and one may wish to clarify this with the other party involved as well before pursuing any suit.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.