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re: OT Lawyers: Legal question regarding a phone and a dog!

Posted on 7/30/14 at 8:11 am to
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 7/30/14 at 8:11 am to
They MAY have a claim under Civil Code article 2321. Doesn't seem like a strong one to me.

They would be misguided to make the claim for all the wise reasons the OT has expressed (excluding the Whiskey Tango comment.)
Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
15611 posts
Posted on 7/30/14 at 8:11 am to
The girl left the phone out to be taken by the dog. If I were the homeowner I would hate your sister for suggesting payment.
Posted by Neauxla
New Orleans
Member since Feb 2008
33451 posts
Posted on 7/30/14 at 8:12 am to
quote:

Was the homeowner negligent in any way? I dont see it..... the dog was on her property and dogs naturally chew on things.
homeowner is responsible for everything that happens on his/her property. Homeowner/dogowner is responsible for all acts done by the dog.
Posted by VetteGuy
Member since Feb 2008
28605 posts
Posted on 7/30/14 at 8:13 am to
Agree.


And people have the gall to complain about lawyers?
Posted by Neauxla
New Orleans
Member since Feb 2008
33451 posts
Posted on 7/30/14 at 8:14 am to
quote:


And people have the gall to complain about lawyers?
until they need one
Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
15611 posts
Posted on 7/30/14 at 8:15 am to
quote:

homeowner is responsible for everything that happens on his/her property.


Bleated ceaselessly by scumbag slip and fall attorneys across the country. Yea, well take the thing to court and try to recoup the $600.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/30/14 at 8:16 am to
I bet this pool was "above ground."
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 7/30/14 at 8:17 am to
The reasonable thing to do would be explain that it's both their fault and ask if they wanna pitch in half for a new phone. But frick that.

Lawyer up with the most vicious son of a bitch you can find regardless of cost. Explain to them that it's not about the money anymore but the principle and that you will see them in court and will take everything they have. Even if they offer to pay for it, tell them that the only thing left for them to do is put the dog down and get a fricking attorney. Do not let this go. Maybe get an ad in the advocate calling them shitty home owners and make some anonymous calls to crime-stoppers regarding their possible meth lab.
Posted by PurpleAndGold86
Member since Jun 2012
11036 posts
Posted on 7/30/14 at 8:17 am to
quote:

It's obviously the owner of the dog's fault.


Uh no. It isn't the dog owner's fault that some stupid kid left their phone lying near a pool where people were running around and playing and where a dog could get it.

quote:

If it was an adult who left their phone on a table outside and a dog ate it, it's the fricking dog's fault

No it isn't. It would be the dumbass adult's fault who placed their phone there.

People like you are pussies. Always looking for someone else to blame.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32888 posts
Posted on 7/30/14 at 8:17 am to
quote:

Bleated ceaselessly by scumbag slip and fall attorneys across the country. Yea, well take the thing to court and try to recoup the $600.


Do you not think a dog owner is responsible for the dog's actions?
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 7/30/14 at 8:18 am to
Game this out.

They make a claim and get six hundred.

11 year old takes a raft of shite at school. Nobody invites her to parties anymore. She's collateral damage. She ends up a lonely alcoholic posting selfies on the OT. Is that what you want for your niece?

Case closed. Questions?
This post was edited on 7/30/14 at 8:28 am
Posted by PurpleAndGold86
Member since Jun 2012
11036 posts
Posted on 7/30/14 at 8:19 am to
quote:

Do you not think a dog owner is responsible for the dog's actions?


If the dog bites someone? Absolutely. If you are stupid enough to leave your shite laying around where there is a dog that might eat it? No.
Posted by Swoopin
Member since Jun 2011
22031 posts
Posted on 7/30/14 at 8:19 am to
I'll boil it down, based on my own thoughts and posts of others:

1) Your sisters a moran
2) Legal recourse is either shoddy at best, ill-advised, and definitely not worth it
3) That family is a bunch of tPOS's for not doing the noble thing and being open to help replace/compensate for the phone.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32888 posts
Posted on 7/30/14 at 8:20 am to
The fact that the phone is by the pool is also irrelevant. If the phone was left in the house on a counter and the dog destroyed it, is it the phone owners fault there too?

Can your dog destroy whatever it wants as long as it's on your property?
Posted by mattloc
Alabama
Member since Sep 2012
4320 posts
Posted on 7/30/14 at 8:20 am to
quote:

homeowner is responsible for everything that happens on his/her property. Homeowner/dogowner is responsible for all acts done by the dog.




Absolutely wrong.... in most states you are not even liable for dog bites, if the dog is in a fence on your property ....and most pools are required to be fenced
Posted by Odinson
Asgard
Member since Apr 2014
2761 posts
Posted on 7/30/14 at 8:21 am to
Tell her to get over it. Crap happens.

Tell her to lock herself and daughter up in her own house if she thinks that everyone else should be responsible for these mishaps.
Posted by PurpleAndGold86
Member since Jun 2012
11036 posts
Posted on 7/30/14 at 8:25 am to
quote:

The fact that the phone is by the pool is also irrelevant.


No it isn't because that is where the phone was left. If it is on table that is reachable to a dog that would eat something, it is your own fault.

quote:

Can your dog destroy whatever it wants as long as it's on your property?

I have a well behaved golden retriever. I can leave a steak on the edge of the counter and go to the gym and the steak will be there when I get back. So, since you asked me personally, no, my dog couldn't destroy whatever it wanted.

If you don't like those rules then don't fricking come over. The question was does his dumbass SIL have any recourse. The answer is no. If the owner doesn't want to pay, they don't have to and there is no way in shite they have any recourse.
Posted by BugaSuga
Baton Rouge, LA
Member since Feb 2014
97 posts
Posted on 7/30/14 at 8:31 am to
quote:

My 11 year old niece


quote:

my niece's new iPhone


quote:

$600


Posted by CptRusty
Basket of Deplorables
Member since Aug 2011
11740 posts
Posted on 7/30/14 at 8:39 am to
quote:

It's obviously the owner of the dog's fault. You guys just seem to be butt hurt over the fact that the 11 year old has a $600 phone


Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58413 posts
Posted on 7/30/14 at 8:41 am to
They're not even offering to help/split the cost?


I obviously didn't read the thread yet, but I'm going to now. I'm sure this has been asked.
This post was edited on 7/30/14 at 8:42 am
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