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Tragic, but not your fault

CasadenaCasadena member
Knottie Warrior 2500 Comments 500 Love Its Name Dropper
in Wedding Woes

Dear Prudence,

My 9-year-old son, “Thomas,” was going door-to-door in our neighborhood selling candy for a school fundraiser last week. When he got to “Mrs. Moore’s” house, her chihuahua ran out of her front door when she opened it. Sadly, the dog ran into the street just as a car was coming and was struck and killed. Now, Mrs. Moore is threatening a lawsuit if my husband and I don’t pay her the $2,500 she claims the dog cost. We, of course, feel terrible for her loss, but I don’t think Thomas is responsible; this could have happened with anyone she answered the door to. Should we just ignore her, or do we need to speak to a lawyer?

—Dog Disaster

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Re: Tragic, but not your fault

  • banana468banana468 member
    Knottie Warrior 25000 Comments 500 Love Its 5 Answers
    Meh I'd see a lawyer if you think she'll sue.

    With doorbell cams now ubiquitous I'd want to double check anything before you state with certainty that it's entirely her fault.  (did he yank at all on the door? Was there any action on his end that while not his fault, could be construed as letting the dog out?) 

    I still think that it's likely not your responsibility but given how so much can be captured and the possible cost I'd like a set of eyes on it.  
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  • MyNameIsNotMyNameIsNot member
    Knottie Warrior 10000 Comments 500 Love Its 5 Answers
    I probably wouldn't bother with a lawyer until I got some kind of demand letter from her, but I know a lot of lawyers and could easily find one if I did get a surprise lawsuit. If you don't know any lawyers, it's not a bad idea to do a consultation now just so you have someone if it comes up. 

    But also, her claim is a stretch even if he did grab the door. Unless she's doing a DIY small claims deal, it doesn't seem likely that it's going to come to a lawsuit. 
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  • downtondivadowntondiva member
    Knottie Warrior 1000 Comments 500 Love Its Name Dropper
    Many lawyers will do a free consultation, so it may be a good idea to talk to one if you're concerned about a lawsuit. 

    That said, I don't see how your son or your family is responsible for this sad loss. Some dogs have a tendency to bolt the second they see an open door, and it's not on you if her dog was like that and if she did not have control over it.
    image
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