Here dog owner is responsible. Dog must be under control at all time. Even if the dog was on a leash still when it hit car owner still at fault because even on the leash the dog wasn't under control.
Right. I don't understand why this is so hard to understand. Nobody is stating it was a malicious act on the part of the dog owner. However, the dog did in fact go off leash and out of the control of the owner, period.
It was an accident, and they do happen, but the dog owner is responsible. It was NOT an act of God, or Mother Nature. It also was not a person at a cross walk. Dogs are shorter, harder to see, and not a pedestrian. Dog "ran into the street". Yes, a jury found OJ innocent, so anything COULD happen. Martians could land on Earth tomorrow..
"Dog broke leash" ?
I know when I'm driving a car, and see a pedestrian/child/dog near my pathway, I know that all can be unpredictable, for reasons unforeseeable by me, and if they enter my path, the outcome can be injurious and/or fatal. I also know blame can easily be directed towards the driver. By taking extra obvious preventive measures on my part, like slowing down, giving a warning horn beep, pre braking, moving over and farther away, etc or some or any combination, I can make an obvious case that I was pro actively safety conscious, took extra caution if things went south, and mainly helped prevent a bad outcome. Legally however ,I may not be obligated to do any of the above. "Accidents" do happen, and some are avoidable, if one makes the effort.
