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Old 09-09-07, 08:57 AM
  #7  
mandovoodoo
Violin guitar mandolin
 
Join Date: Sep 2005
Location: Friendsville, TN, USA
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Increasing numbers of states have strict liability laws making the owner or landowner where the dog habitually hangs out liable for all damage. This works.

Example:

44-8-408. Dogs not allowed at large — Exception. —

It is unlawful for any person to allow a dog belonging to or under the control of such person, or that may be habitually found on premises occupied by the person, or immediately under the control of such person, to go upon the premises of another, or upon a highway or upon a public road or street . . .

The state follows the doctrine of negligence per se. A dog owner may be held strictly liable for a violation of Tenn. Code Ann. § 44-8-408 without any finding of negligence.

Which explains the line in the letter from the dog owner's insurance company:

"We have determined that our insured is legally responsible for this loss. We will continue to work with you to evaluate your claim and to reach a settlement with you under this coverage."

That accompanied a check maxing out the medical part of their coverage. Another check covered property damage in full. No fight, nothing. The law works. Of course, one has to approach things appropriately!

And I notice their dogs aren't at large any more.

Now the other ones . . . Think I'll start mailing a letter to everyone with a loose dog. I can usually tell which mailbox dogs belong to!
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