Contractor hit my dog with truck on my property?

ParaNYC

"Contractor hit my dog with truck on my property? The general contractor we hired to work on our house drove out to our property yesterday hit one of our dogs with his truck while driving up our long driveway. Do we have any legal recourse?"

The quick answer to your question is "Yes, you do have legal recourse."

Technically, the contractor has to exercise reasonable care while on your land so that he doesn't damage your property. In the eyes of the law, your dog is your property. And the contractor is responsible for damage to that property just as he would be if he ran over a mail box or a lawn ornament that was clearly visible.

That said, you don't actually have an eyewitness unless your next door neighbor can testify to something more than "a commotion." And it is possible that the dog came up on the contractor's truck unseen-- while the contractor drove up your driveway at a reasonable speed and with ordinary care. A small claims' court judge would almost definitely ask why you didn't secure the dog if you knew a contractor was going to visit your property.

While the contractor has a significant degree of responsibility, that the contractor might have a run-in with the dogs (since they run free in the yard) is an event that you could have foreseen and done something about. So, while you do have legal recourse, a judge might find that you didn't exercise reasonable care to mitigate the possible damage. You did invite the contractor onto your property. and you did choose to let the animal run free.

I'm not sure what you want to accomplish. If the guy had called and apologized for hitting your dog, would you feel better or would you still want to recover the vet costs from him? I suspect that part of your discontent is over the way the contractor has handled it.

If that's true-- fire him and get someone else to finish the work. Explain that you believe he hit your dog and that since he didn't own up to it you don't have a very good opinion of him. But if it's about the money, then send him a letter telling him that you expect him to reimburse you for the vets fees. Include a copy of the bill. Small claims court is an option-- as is Judge Judy-- but is it worth the hassle for you?

Just remember, this guy's working on your property-- presumably while you aren't there. Do you really want to make a bigger conflict? Whatever you do, make sure you pay him for the work he's done. He's entitled to that money. And you can get some of it back for the vet bills if you take the appropriate steps to do so.

Personally, I'd take it as a lesson learned. Tell him how much you spent at the vet and ask him to be more careful in the future. And if you know he's coming, put the dogs up for that brief time. I feel for you-- I too see the joy my dog feels when she can run free in a field-- especially when there's a rabbit or squirrel to chase. But better to deprive the dog of a day running free than risk the harm of road rash from a oblivious contractor.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

LORI W

Unless you have an eye witness, or the cotractor admits his fault, you do not.

Cherry_Blossom

With an invisible fence on your lot, it would be impossible for an invited party (contractor) to know where this fence lies. I would chalk it up to a lesson learned that while you have workers on your property you should never leave your dogs unattended. If the tables had turned and the contractor had stepped over the invisible fence and your dogs had bitten him you would be looking at a Law suit. It is certainly an unfortunate incident and I hope the dog recovers quickly. I think an apology is in order.

Big Jimi

You can make him pay the vets bills or if the dog dies replace the dog,but you cannot sue for emotional duress etc.Although we love our pets the law treats them kinda like plants,repair or replace is if damaged !

Mere Exposure

What do you think you deserve? Go the route of a $500 mini-tort. It is likely he will have his insurance quickly settle and make this payment. That should be sufficient for the vet bills. I'm sure you will find a lawyer that will tell you that you are entitled to more but the reality is that most settlements get reduced by a judge but not the fees the lawyers charge. Remember how people don't like to do jury duty and they are not often in a good mood when being forced to attend to such matters, they do not hand out awards as often as people think. Also, they, as do I, may feel that you are as much of a negligent party.

PCL-R

Why are people so quick to judge and place blame. Stuff happens-live with it. Be greatful the dog is still alive.

x66red66x

Let it go. Wasting your money in court.Think of the cost to prove a point. Sorry about your dog, you can find a way to settle it out of court. You do have to pay them for a job correct? Collect the cost of the vet that way. Hang up the first time,when he does answer tell him"I think I wrote the check close to the amount but I am not sure"Let me go ask my dog, I'll get back to you when he answers.

soulguy85

I think I would just be thankful that my dog is O.K. and on the mend and just let it go at that. Don't go looking for trouble. If you don't like the contractor or his attitude, fire him and hire another one.

bkgrl718

first off it is your property that your dog is unleashed on so you should have a case since it is YOUR property but without witnesses that actually saw it occur it will be tough proving your point in court because the contractor can deny it like he did when you confronted him and if you mention your neighbor saying if anyone hit it it was that red truck then unless the neighbor actually seen it take place the judge can say that it is hear say god i hope you dog gets well soon i cant imagine how hard it is on you ive had my dog for over 10 years and she is like a sister to me i know it sounds crazy but we basically grew up together considering i was very young and she was a pup g00d luck and main thing is that ur doggy gets better just be there as much as you can for him/her as for the contractor he sounds like a real piece of $hit but you know how it is everyone denys everything to get out of trouble or a lawsuit go0d luck

Yello_dog

Yeah, the neighbor can testify that something happened.

And if nothing else, your homeowner's insurance will pay the bill. The guy you hired damaged your property, he is insured for things like this, and if he isnt threaten to sue him, he would rather pay a couple hundred bucks than go into court and explain why he isnt covered or why he is reckless.

msmissy

The idea of not paying your contractor is a really bad one- unless you are interested in having a lien placed on your property.
Most contractors purchase material for the job on credit using the $ you pay him to pay the material suppliers.
If you don't pay him and he in turn is unable to pay the material suppliers that have supplied materials to your job site, the suppliers of those materials have the right to place a lien on your property in order to secure payment for those materials.

The contractor may not be interested in going through the trouble to collect , but the material suppliers will. (I know because I handle A/R at a building components supplier. I fill out the paperwork to secure liens)
You could take him to small claims court if you feel it is worth it, but ticking off your contractor is a bit like ticking off your hairdresser best not do it until the job is done.

Blunt Honesty

Sure. Probably not criminally, but you can sue anyone for anything. Get an attorney.

SAMAR

YES you have all the legal recourse and how hit the dog must pray for god to forgave him

nikki

that happened to me one day.my dog was outside with his brother playing when they were 5 months old.he was in the front yard and i live in the country on braun rd. so we have a ditch in our front when suddenly some guy sped up went into the ditch and hit my dog he wouldnt even stop he just kept going so my dog went all the way around the tire and flew out back into the ditch he died that day because his lungs filled up with blood on the way to the vet we tried to sue him but the judge said it was an accident and to let it go now our dogs cannot run freely bacause we fear he may come back and do it again.today the dog that died's brothers name is harvey and he is about a year now.so theres not really anything u can do about it except hope it doesnt happen again and be grateful the dog didnt die.

MommaRoxie

You have proof that your dogs were in the yard, your neighbor heard the noise when it pobably happened, and the contractor is avoiding you. Take it to Judge Judy!