Who is liable 2

syconerd

Who is liable for damage done to a car from a farmers dog running out from his land on to a public road?
I ask this because the farmer in question refuses to pay for damage to my car

delaval

syconerd wrote: »

Who is liable for damage done to a car from a farmers dog running out from his land on to a public road?
I ask this because the farmer in question refuses to pay for damage to my car

Dog owner, no question
That's if you hit the dog

Conmaicne Mara

100% dog owner fault, i've hit two of the feckers since October, same thing ran out in front of me.

whelan1

ring dog warden

adne

syconerd wrote: »

Who is liable for damage done to a car from a farmers dog running out from his land on to a public road?
I ask this because the farmer in question refuses to pay for damage to my car

Dog owner if he hit the car. Yourself if you swerved and missed dog but hit something else

Dampintheattic

Why the dog owner? First and most basic rule of the road "don't hit anything"
So the dog ran out!
How did the dog damage the car?
How much time or distance had you to stop?
If it was a child, would you have been able to stop?
What else was going on in the car?
Phone?
Music?
Speed?
Tyres?

Surely it's not a simple assumption that dog owner is responsible!
Many factors to be taken into account, before apportioning blame.
When all that's done, there will be a portion of blame on both sides I'd imagine.

bob charles

claim on house insurance as dogs are insured under this, wonder could you counter claim off car policy if dog was worth allot of money

Conmaicne Mara

Dampintheattic wrote: »

Why the dog owner? First and most basic rule of the road "don't hit anything"
So the dog ran out!
How did the dog damage the car?
How much time or distance had you to stop?
If it was a child, would you have been able to stop?
What else was going on in the car?
Phone?
Music?
Speed?
Tyres?

Surely it's not a simple assumption that dog owner is responsible!
Many factors to be taken into account, before apportioning blame.
When all that's done, there will be a portion of blame on both sides I'd imagine.

The dog should be under control, that's why the dog owner.

In both my cases the dogs ran straight out of driveways, with no chance for me to avoid or stop. A dog moves, very fast.

fathead82

The neighbours dog ran out in front of a car & caused a lot of damage to it,the neighbour had to pay for it.
I ran over the same dog in a van while driving out their lane,the van & the dog were both ok. Collies tend to just jump out in front of cars at the last second,very hard not to hit them.
As long as it was the dog that damaged the car & it happened on a public road them the farmer should have to pay.

himwdah

learnt recently psni r still disputing and trying to find who at fault, this was learned as a result a car accident so future reference for all maybe.

if somethinng runs out infront of u, try to stop, but hit it do not try to avoid it as if u hit something else u r at fault, if u hit the thing that drove out they r liable, if it is a person u r looking at dangerous driving, however if it is an 'owned' animal the owner is at fault as it should be controlled at all times.

do not swerve to avoid an accident!

Pkiernan

Dampintheattic wrote: »

Why the dog owner? First and most basic rule of the road "don't hit anything"
So the dog ran out!
How did the dog damage the car?
How much time or distance had you to stop?
If it was a child, would you have been able to stop?
What else was going on in the car?
Phone?
Music?
Speed?
Tyres?

Surely it's not a simple assumption that dog owner is responsible!
Many factors to be taken into account, before apportioning blame.
When all that's done, there will be a portion of blame on both sides I'd imagine.

FFS! Whose fault is it then?
Maybe its the banks fault.

Of course its the dog owners fault, and he/she is strictly and solely liable.

freedominacup

syconerd wrote: »

Who is liable for damage done to a car from a farmers dog running out from his land on to a public road?
I ask this because the farmer in question refuses to pay for damage to my car

What has "farmer" to do with it?

What has the dog owners occupation got to do with your problem?

Bizzum

Tell us exactly what happend OP. The whole story. It's difficult for anyone to draw conclusions without all the relevant information.

1chippy

one of my more awkward neighbours successfully sued another neighbour for damages to his car. the dog owner is liable for damages regardless of professsion.

Bactidiaryl

freedominacup wrote: »

What has "farmer" to do with it?

What has the dog owners occupation got to do with your problem?

Would you state it if the dog owners occupation was let's say a gynocologist. I don't see what difference it makes either.

blue5000

OP if a badger or a deere jumped out of a farmer's field and damaged your car would you sue them then?

jap gt

blue5000 wrote: »

OP if a badger or a deere jumped out of a farmer's field and damaged your car would you sue them then?

Thats a stupid point to make. Any owner of a dog must keep it under control at all times. No one can control a wild animal.

It doesnt matter if its a farmer, teacher etc etc a dog must be under control.

junospider

my dog was hit by a car,he was sore for a day or two,no bones broken or anything,there was slight damage to the car which i am not convinced was caused by the dog as it may well have been there previously (the dog was virtually unhurt).my insurance company paid the car owner£1,400.the dog owner is at fault.no question.

maidhc

blue5000 wrote: »

OP if a badger or a deere jumped out of a farmer's field and damaged your car would you sue them then?

I have never seen either a Badger or Deere jump out of a field. Unless of course the Deere had a dodgy autopower box.

himwdah

junospider wrote: »

my dog was hit by a car,he was sore for a day or two,no bones broken or anything,there was slight damage to the car which i am not convinced was caused by the dog as it may well have been there previously (the dog was virtually unhurt).my insurance company paid the car owner£1,400.the dog owner is at fault.no question.

was the dog on ur property or the public property, ur property u may have a case and from what i was told would nt be at fault provided u have signs to say dog is there or that effect. public and it is up to u to have ur dog under control as u own it and r responsible for it and anything it does

reguards deere and badger, u claim of ur own as they r not owned, same as alot of dogs that hunt sheep etc, must be a stray!

keep going

if you hit a person are they liable for the damage to your car

syconerd

many thanks to all points but i will try to explain it a bit better for all posters replying to my question
on the 4th of may last
i was driving to dublin on n11 towards dublin and turned right on to the r114 when i came to a sharp left hand corner i proceeded to drive up the hill towards tallaght there was a gate exiting on to the road on left i was doing 40 kpms and a sheepdog jumped from this gate under my car i had no way to stop and hit on left hand front of car it went under the front wheel and the car ran it over when i pulled up at the entrance to ballinascorney quarry on my left i got out to check my car and found that the dog had done a lot of damage to my car the front bumber was damaged also the wheel liner was broken as well as the air intake pipe from front of bumper.
i knew that the gate was off the farm at the bad corner so i went to inform the owner of the land that i had an accident with a dog that came from his land.
i drove down to tell him bout the dog and one of his workers drove out to scene to remove the dogs body from the road
i dont wish to say any more as its pending at moment the total cost of damage to me as a driver is over 1000 euros which i cannot afford to repair so any questions ill try answer

himwdah

if u can prove the dog theres he has to pay.

bob charles

syconerd wrote: »

many thanks to all points but i will try to explain it a bit better for all posters replying to my question
on the 4th of may last
i was driving to dublin on n11 towards dublin and turned right on to the r114 when i came to a sharp left hand corner i proceeded to drive up the hill towards tallaght there was a gate exiting on to the road on left i was doing 40 kpms and a sheepdog jumped from this gate under my car i had no way to stop and hit on left hand front of car it went under the front wheel and the car ran it over when i pulled up at the entrance to ballinascorney quarry on my left i got out to check my car and found that the dog had done a lot of damage to my car the front bumber was damaged also the wheel liner was broken as well as the air intake pipe from front of bumper.
i knew that the gate was off the farm at the bad corner so i went to inform the owner of the land that i had an accident with a dog that came from his land.
i drove down to tell him bout the dog and one of his workers drove out to scene to remove the dogs body from the road
i dont wish to say any more as its pending at moment the total cost of damage to me as a driver is over 1000 euros which i cannot afford to repair so any questions ill try answer

wonder who's insurance will cover the dog if he is valuable, by the sounds of the damage done, 1000 seems very over the top money wise

syconerd

i feel gutted for him as i am an owner of two dogs but this dog wasnt locked up or anything
i wonder if his cows were hit would he be going mad looking for compo from the driver
as for me saying he was a farmer he is the owner of the farm therefore hes a farmer if he were a doctor or police man i would say so but hes a land owner with responsibility to keep his animals under control same as anybody else has to otherwise were would we be

Lambofdave

Thanks for the credible answers, it would seem a lot of people don't know their legal responsibility and instead posted irrelevant answers to the original question.

As for the dog because it is a licensed animal the owner is responsible and if you hit a dog you are supposed to report it to the Garda.

Rovi

[MOD]

Some silly stuff deleted above.

Come on folks, let's keep the discussion above the waistline!

[/MOD]

OP: Generally speaking, the owner of any domestic animal (pet, farm livestock, etc) is liable for any damages caused by that animal outside their premises.
In the case of 'ordinary' householders, this is usually covered by their home insurance.
In the case of farm animals (including dogs), it'll be the public liability part of the farm insurance.