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Home > Law > Small Claims   »   my dog damaged the interior of my frinds car am i liable

 
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Old Jun 26, 2009, 12:22 AM
kimochman
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my dog damaged the interior of my frinds car am i liable

my minor daughter took our dog in her friends car.they left the dog alone and it damaged the headliner.now they are taking me to court to pay for the damage.am i liable?

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Old Jun 26, 2009, 04:30 AM   #2  
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Yes. Your child, your dog, your fault.
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Old Jun 26, 2009, 05:34 AM   #3  
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yes you are liable. avoid going to court and just pay for the damage.
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Old Jun 27, 2009, 11:00 AM   #4  
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Quote:
Originally Posted by stevetcg View Post
Yes. Your child, your dog, your fault.
thanks for your reply,I'm gonna take my chance in court .the girls are 16 and 17,and I told them not to take the dog,obviously I don,t know the law,but I know the judge,she might hopefully make the girls pay half each.It's the father who is suing.
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Old Jun 27, 2009, 11:04 AM   #5  
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yes you are liable. avoid going to court and just pay for the damage.
thanks for your reply,too late to avoid court now,I'll just see what happens.
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Old Jun 28, 2009, 03:04 PM   #6  
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Regardless if you gave your kids permission to take the dog or not you are still liable. Try and convince the Judge they aren't your kids instead. You might get farther. He will rule they are your kids and even if they disobeyed you you are still liable for the damages.

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passmeby agrees: LOL, convince the judge they're not your kids, good one!!
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Old Jun 30, 2009, 10:41 PM   #7  
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It's not necessarily too late to not go to court, if you agree to pay the dad can drop the suit. Really the only thing you could fight in court would be the cost of the repairs, if the guy is inflating the price. Do a bit of research before you either go to court or if you decide to work it out without going to court. Look up the book value of the car, his repairs CANNOT exceed the book value of the car. If his estimate is more than the fair value of the car, the maximum you will have to pay is what the car is worth. You could even look up the cost of the parts that are damaged so that you have an idea and so you know if he is overcharging you on the parts. If you end up in court, make sure you bring with you a print out of the book value of the car and a print out of the cost of the parts.


If the dog is yours, I don't think the judge will look at this as your kids fault for physically putting the dog in the car, people are generally accountable for their animals regardless of WHY the animal was where it was, I mean unless it was "dog-napped" or left in the care of a dog-sitter, then it might be the other person's fault. People are also generally responsible for the actions of their minor children except in rare circumstance, so you're really on the hook for this in all respects.
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Old Jul 1, 2009, 09:24 AM   #8  
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Quote:
Originally Posted by kimochman View Post
I'm gonna take my chance in court .the girls are 16 and 17,and I told them not to take the dog,obviously I don,t know the law,but I know the judge,she might hopefully make the girls pay half each.It's the father who is suing.
Hello kim:

Couple things. If the judge knows you, she should recuse herself... Next, the judge has no power to make the kids pay. YOU are the one who the judge can make pay. You, of course should make your daughter pay you back, but the judge isn't going to help you be a parent.

If the car was owned by one of the girls, you're really only responsible for HALF. Yes, it was your dog. But the owners daughter had the choice NOT to leave the dog in the car equally with your daughter.

If the father won't be reasonable, go to court.

excon
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Old Jul 1, 2009, 10:34 AM   #9  
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Good point that she might just be responsible for half. Of course, there's 2 sides of the story, and the other girl might be telling Daddy a whole different tale!! What sucks most is that a friendship might be ruined because of money.
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Old Jul 3, 2009, 04:55 PM   #10  
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I'd say she is only half responsible too because of the owners daughter being in on it.
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