quote:Originally posted by HomesickGirl:quote:Originally posted by SHELDIVR:
Car flipped over, helicopter and other medical resources expended, human life at risk....I'm a dog lover BUT sometimes you just have to hit the dog...
It is hard to make yourself hit an animal. It happens so fast and the reflex is to swerve.
Would the dog owner be subject to any liability in a case like this? Or would it depend on the leash laws in the area.
Alabama state law prohibits dogs from running at large in counties that adopt the following regulation:
Section 3-1-5
Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns.
(a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.
(b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county.
Lauderdale County has adopted this. That said, I can't see a jury finding a dog owner guilty of negligence from a dog being in a street.