Am I Liable for Hitting a Dog that Ran Out in the Street in North Dakota?
Full Question:
Answer:
North Dakota does not have a statewide leash law. We suggest contacting city hall to obtain a copy of the local ordinances governing dogs. There may be issues of contributory or comparative negligence on the other dog owner's part for not complying with a local leash ordinance. The local ordinances will specify what the requirements are for having a dog restrained.
When a person fails to fails to uphold a duty of care and that lack of care is the cause of foreseeable harm to another, that person may be found liable for damages due to negligence. Negligence claims require the plaintiff to show the defendant owed a duty of care, that duty was not upheld, and that failure of care caused a foreseeable harm. Whether negligence was involved will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Some of the factors the court may consider incluce, among others, the rate of speed the driver was drinving, whether the road was wet, what the visibility was, and whether the area is known to be heavily populated with deer.
Please see the following ND statute:
42-03-01. When dogs are a public nuisance.
Any dog that habitually molests a person traveling peaceably on the
public road or street is a public nuisance. Upon written complaint to a
district or municipal judge describing the dog, giving the name of the
dog and the dog's owner if known, and, if not, so stating, and alleging
that the dog is a public nuisance, the district or municipal judge shall
give notice to the dog's owner that a complaint has been filed that the
dog has been molesting certain persons and that the owner shall take the
necessary action to prevent the dog from any further violations of this
chapter. If the district or municipal judge receives a further complaint
regarding the dog after notice has been given under this section, the
judge shall issue a summons, if the owner is known, commanding the owner
to appear before the judge in the same manner as other court summonses.
