mike.m-@obra.org
Scott Powell wrote:
"My family and I have dogs. And we have fencing. And we try to keep our
dogs off of Skyline for their safety and the safety of others. But if they
happen to get out, through a series of unfortunate occances, and knock a
rider off of their bike, are you going to reasonably say that me or my dog
ought to be put down?"
I do not care much one way or another about whether the dog is killed.
Actually I wouldn't care much if every loose dog was shot on sight. After
all, dogs are hardly an endangered species. I do recognize that my opinion
is different from many people's.
I would, however, say that you should be responsible for damages to someone
injured if your dog got out. The fact that it is difficult to restrain the
dog inside the property is not material. Discussions about the quality of
your neighbors fencing are pointless. They need a kennel. Dogs need to be
restrained always, not just most of the time.
An accident is "an unexpected happening causing loss or injury which is not
due to any fault or misconduct on the part of the person injured but for
which legal relief may be sought". Intent matters not.
Mike Murray