On Sat, 30 Jul 2005 06:00:07 -0500 diddy  whittled   
   these words:   
   >>   
   >>   
      
   > Of course not. Your dog was on leash.  The kitten wasn't kept safe, by   
      
   In every state I am aware of there is strict liability for the behavior of   
   dogs.   
      
   > being kept inside. What if that same kitten ran out on the road and got hit   
   > by a car?  Is the car liable? NO!   
      
   The driver of the car may or may not be liable depending upon the ablilty   
   of the driver to have prevented the incident.  Unlike dogs there is   
   usually not strict liability for incidents involving cars.  For dogs the   
   level of care used to prevent the problem is irrelevant (usually) as to   
   legal liability for damage to person's or property.  That is not the case   
   with regard to motor vehicle operation.  If the driver of the care acted   
   carelessly in preventing the incident then the driver of the car could   
   indeed be held responsible.  In this case it is comparable to knowing that   
   the car has bad brakes.  The driver could have fixed the brakes and   
   prevented the incident.  Here the dog owner knew his dog was a risk and a   
   muzzle would have prevented the incident.  Unlike the car driver the dog   
   owner's knowledge of what he could have or should have done is irrelevant   
   to legal liability.  Legal liabilty has nothing to do with moral or   
   ethical failure.   
      
   > If you value your pets, you keep themn   
   > inside or on a leash or in a fence that will contain them.  Unfortunately   
   > for that kitten, his owners didn't do that. It them to blame.   
      
      
   They share the blame to be sure.  But that does not absolve the dog woner   
   of responsiblity.   
      
   --   
   Diane Blackman   
   http://dog-play.com/   
   http://dogplay.com/Shop/dogplayshop.htm   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)