Also, I think you pretty much defined what I was trying to say about comparative negligence. But, when you add joint and several liability to the mix, there can be a problem for Petco. To wit: let's say that dog owner is 15% negligent, dog handler is 35% negligent, and Petco is 10% negligent. There is a separate damages hearing because of the comparative negligence scheme, and the jury thinks "this poor girl needs the money, and Petco has a lot" and determines that this is a million dollar injury. The judge then reduces this award to $600,000 (1 million - (.40 * 1m)). Well, do you think the dog handler is going to have 35% of that amount? Unlikely, so Petco will get stuck with the overall bill while trying to get money out of the now bankrupted handler and owner. Not an enviable situation.
dog-bite -- more lawyers --
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BHMCruiser said:
agreed --
hopefully they are in a contrib. neglig. state, and petco will hopefully change its rules (somehow) --
e
erics_bruisers said:agreed --
hopefully they are in a contrib. neglig. state, and petco will hopefully change its rules (somehow) --
e
Well, unless they're in Alabama, they're not in a contrib. neg. state. Like I said, we're the only one. Like I've always said: we're the most progressive state in the union - we had the first female governor, and the civil rights movement started here.
Taken out of context, it sounds good anyway.
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- #64
BHMCruiser said:
dayum --
-- thanks for this -- i wasn't reading carefully enough --
-- not to diss 'bama, but at duke, a fellow student, greg, and his wife LOOKED LIKE THEY COULD BE SIBLINGS --
-- and then my mobile cousin gets married a month ago -- got the wedding pictures, and, damn it, SHE LOOKS LIKE SHE COULD BE HIS BROTHER --
-- co-inky-doink? i don't know -- it's just a bit odd --
e
Bounder,
You'd be amazed at what a dog could do; I studied a lot of it in my animal behavior course. There are even underlying conditions that affect some dogs psychologically like idiopathic rage syndrome for one example, which affects a lot of spaniels and gsp’s, and it can’t be suppressed.
A little kid pulling/squeezing on your dog’s ear (which is very painful to a dog) could induce a bite from even the sweetest animal. It is hard to say what your dog would do until you actually put them in that situation. My standard poodle is as friendly as they come, but he is leary of adult males (he doesn't even play bite other dogs when they are doing it to him) but I have no doubt that in the right circumstance he would defend himself if he felt threatened. He also walks without a leash in public if that’s considered a feat…
You may have the sweetest dog in the world but I guarantee you I could get her to respond aggressively towards me without actually hurting her, defense is instinctual and if pushed there she would respond with instinct, training at that point would do very little to keep her from becoming aggressive.
You'd be amazed at what a dog could do; I studied a lot of it in my animal behavior course. There are even underlying conditions that affect some dogs psychologically like idiopathic rage syndrome for one example, which affects a lot of spaniels and gsp’s, and it can’t be suppressed.
A little kid pulling/squeezing on your dog’s ear (which is very painful to a dog) could induce a bite from even the sweetest animal. It is hard to say what your dog would do until you actually put them in that situation. My standard poodle is as friendly as they come, but he is leary of adult males (he doesn't even play bite other dogs when they are doing it to him) but I have no doubt that in the right circumstance he would defend himself if he felt threatened. He also walks without a leash in public if that’s considered a feat…
You may have the sweetest dog in the world but I guarantee you I could get her to respond aggressively towards me without actually hurting her, defense is instinctual and if pushed there she would respond with instinct, training at that point would do very little to keep her from becoming aggressive.
erics_bruisers said:
And the child's parents won't need to hire one if the dog's owner will agree to pay for the next twenty years of surgeries, counseling, etc., or if the owner's insurance company will agree to a fair settlement (both of which won't likely happen...)
Let's say there's a cap on judgments in such matters of $250,000....and the medicals (which trust me, if you think lawyers are expensive...stay in a hospital overnight....) come to $500,000....perhaps the parents could cash in the home equity, college fund, or retirement they have to pay the rest. Sounds fair to me, let's save GEICO some $$ so they can barrage us with more cute commercials and bonus the CEO a couple of million dollars....
-H-
(Who would be proud to help this kid's parents.)
