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re: OT Lawyers: Legal question regarding a phone and a dog!
Posted on 7/30/14 at 8:42 am to PurpleAndGold86
Posted on 7/30/14 at 8:42 am to PurpleAndGold86
I can't find the Louisiana statute (he didn't say this occurred in Louisiana anyway) but here is the Connecticutt statute stating that the dog owner is liable:
quote:
Connecticut statute 22-357 states:
If any dog does any damage to either the body or property of any person, the owner or keeper shall be liable for such damage, except when such damage has been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog.
2
Posted on 7/30/14 at 8:45 am to lsufan9193969700
Kid is responsible for phone. I would never expect neighbor to pay for it? That's awful that some of you people are saying that.
This post was edited on 7/30/14 at 8:46 am
Posted on 7/30/14 at 8:46 am to Sir Drinksalot
Of course you wouldn't.
You are a normal person.
You are a normal person.
Posted on 7/30/14 at 8:46 am to CptRusty
That brings up a decent question. If it were a $60 flip phone would we even be discussing this? SIL would likely chalk it up to "shite happens."
Posted on 7/30/14 at 8:49 am to lsufan9193969700
Either the mom's or the other person's homeowners insurance should pay; it's just a question of deductibles. The vast majority of people aren't going to have a deductible low enough to warrant the claim.
Posted on 7/30/14 at 8:51 am to FT
Homeowner wouldn't have a deductible for a liability payment.
Posted on 7/30/14 at 8:53 am to lsufan9193969700
Hire Lewis Unglesby. He'll get you your $600. With interest.
Posted on 7/30/14 at 8:55 am to CaptainsWafer
After reading, this thread did not go the way I though it would. My thoughts:
Wether or not someone else's 11 year old has an iPhone or not is irrelevant. Most, key word most, dog owners train their dogs not to take things off of tables, maybe this one did, maybe they didn't. Either way, we all know dogs can be mischievous when they think no one is looking. I feel both parties are at fault, and the dog owner should offer to help pay.
When you folks go to the pool, where so you leave your stuff?
Wether or not someone else's 11 year old has an iPhone or not is irrelevant. Most, key word most, dog owners train their dogs not to take things off of tables, maybe this one did, maybe they didn't. Either way, we all know dogs can be mischievous when they think no one is looking. I feel both parties are at fault, and the dog owner should offer to help pay.
When you folks go to the pool, where so you leave your stuff?
Posted on 7/30/14 at 8:57 am to Epic Cajun
The owner of an animal is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.
Louisiana law
Louisiana law
Posted on 7/30/14 at 8:59 am to mattloc
Right. So now OP needs to hire an aggressive lawyer to enforce his rights and get the compensation he deserves.
Posted on 7/30/14 at 8:59 am to Neauxla
quote:Tha frick?
homeowner is responsible for everything that happens on his/her property.
Posted on 7/30/14 at 9:04 am to Epic Cajun
quote:
Louisiana statute
It's Civil Code article 2321
Posted on 7/30/14 at 9:04 am to biglego
That is one of the more convoluted statutes I have read.....really cleared this up........ 
Posted on 7/30/14 at 9:07 am to mattloc
quote:
Convoluted statutes
Compromise tort reform measure as I recall. It was a pull back from strict liability at least.
Posted on 7/30/14 at 9:08 am to lsufan9193969700
1. Buying an 11 year old a new iphone is questionable judgement at best.
2. Not insuring said phone is downright stupid.
3. The 11 year old placing the phone near a pool demonstrates the 11 year old's lack of care.
4. The dog owner probably bears a some amount of responsibility and should offer to help defer the cost and then never allow the stupid kid to come over again.
2. Not insuring said phone is downright stupid.
3. The 11 year old placing the phone near a pool demonstrates the 11 year old's lack of care.
4. The dog owner probably bears a some amount of responsibility and should offer to help defer the cost and then never allow the stupid kid to come over again.
Posted on 7/30/14 at 9:08 am to mattloc
Right
So convoluted, how are you to interpret reasonably responsible?
So convoluted, how are you to interpret reasonably responsible?
Posted on 7/30/14 at 9:09 am to WDE24
It was on the table by the pool. Where do you out your stuff when you go to the pool? A safe deposit box at the local bank?
This post was edited on 7/30/14 at 9:10 am
Posted on 7/30/14 at 9:09 am to lsufan9193969700
Just get CherryGarciaMan to cruise by there and run over the dog. Revenge served.
Posted on 7/30/14 at 9:10 am to White Bear
quote:
White Bear
You win!
Posted on 7/30/14 at 9:11 am to Epic Cajun
quote:case law
how are you to interpret reasonably responsible?
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