Legal Question in Insurance Law in North Carolina

A car hit my dog, am I responsible for damages?

My dog jumped out of my parked car and while I was away from the car a vehicle hit and killed him. The patrolman informed the driver of the car I was not responsible for damages, yet this guy's insurance has contacted me saying I am responsible. Under NC law, am I responsible?


Asked on 2/18/05, 9:23 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: A car hit my dog, am I responsible for damages?

You should first forward this demand to your automobile liability insurer and also to your homeowner's insurer, if any. If you have coverage for this loss, they will handle the matter for you. If you do not have coverage, then my "best guess" without doing extensive research is that you would not be liable. A person is not "strictly liable" for the actions of his pets. You would probably be liable only if you were "negligent," which would usually be shown by proof that the dog had done similar things before and you failed to take reasonable measures to control the dog. Some municipalities also have various forms of a "leash law," which may or may not apply, but in the final analysis there is probably a "negligence" standard. You may want to contact a lawyer, and certainly contact one if you are sued.

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Answered on 2/19/05, 4:32 pm


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