My Service Dog killed by fed ex driver

[Donna Lewis]

Arkansas December 11th 2017 FedEx driver ran off the road onto my property and killed license dog(PITBULL that was sleepy as well hitting a tree now they're trying to make it about the breed that she was .he never stop just sped off leaving me in the middle of road holding my baby screaming FedEx tell me to just go buy another dog that was the last conversation we had .police report was made. it was on the local news still no answer from FED EX can someone please tell me what I need to do next.

 

[justalayman]

I’m presuming when you say off the road and onto your property you weren’t talking about your driveway. If so, you calculate your damages and make a claim against fed ex. I’m sorry your dog was killed, especially given it was a service animal but animals are property and there is generally no emotional value attributed to their value.

I have to ask; why were you in the middle of the road holding your dog if the accident took place on your property?

 

[not2cleverRed]

I’m presuming when you say off the road and onto your property you weren’t talking about your driveway. If so, you calculate your damages and make a claim against fed ex. I’m sorry your dog was killed, especially given it was a service animal but animals are property and there is generally no emotional value attributed to their value.

I have to ask; why were you in the middle of the road holding your dog if the accident took place on your property?

That said, if there was added training for the service dog, that should be accounted for in the replacement cost of the animal.

I agree that the post is incoherent. I would assume that a truck that hit the tree was not driving on the road at some point.

 

[adjusterjack]

I have to ask; why were you in the middle of the road holding your dog if the accident took place on your property?

Seriously?

Did you miss the part where OP wrote:

FedEx driver ran off the road onto my property

 

[quincy]

Killing a service animal is different from destroying property. Here is a link to the applicable Arkansas dog law:

https://www.animallaw.info/statute/ar-assistance-animal-arkansas-assistance-animalguide-dog-laws

Click on 20-14-304.

 

[not2cleverRed]

Killing a service animal is different from destroying property. Here is a link to the applicable Arkansas dog law:

https://www.animallaw.info/statute/ar-assistance-animal-arkansas-assistance-animalguide-dog-laws

Click on 20-14-304.

However, OP has made a police report and it doesn't sound as though the locals are charging the FedEx driver with a class D felony.

 

[quincy]

However, OP has made a police report and it doesn't sound as though the locals are charging the FedEx driver with a class D felony.

There probably was no felony charge because the hitting and killing of the dog was not intentional.

Donna should be compensated for the death of her dog (with the value of the dog greater because of its training) and Donna should be compensated for any property damage caused by the FedEx driver.

 

[justalayman]

Seriously?

Did you miss the part where OP wrote:

Not at all. Did you not actually read my post?

If the accident was on op’s property why would op then end up in the middle of the road holding the dog? Did the op carry the injured dog out into the road or just me being curious as to the statement, was the dog actually in the road and the continuation of the accident resulted in the truck going off the road and hitting a tree.

It is just an odd place for the op to be if the dog was hit on op’s property.

 

[justalayman]

That said, if there was added training for the service dog, that should be accounted for in the replacement cost of the animal.

I agree that the post is incoherent. I would assume that a truck that hit the tree was not driving on the road at some point.

The value would be the value of a trained service dog. I said nothing diminishing that value. It is still merely property.

 

[Zigner]

I suspect this "service dog" wasn't what you are thinking. I suspect that this service dog would have been more properly classified as an "emotional support animal".

 

[Just Blue]

I suspect this "service dog" wasn't what you are thinking. I suspect that this service dog would have been more properly classified as an "emotional support animal".

I was thinking the same thing.

 

[justalayman]

I suspect this "service dog" wasn't what you are thinking. I suspect that this service dog would have been more properly classified as an "emotional support animal".

I have a similar feeling but even that could impart a true value beyond the mere cost of the animal. Some companion animals are trained and if this one was, that could be considered in establishing damages.

 

[quincy]

The value would be the value of a trained service dog. I said nothing diminishing that value. It is still merely property.

It is a bit different than "merely property" in that courts in Arkansas can consider other factors beyond fair market value when determining damages.

Special and consequential damages can be considered, as could have been punitive damages had the act of killing the dog been malicious and willful (although awards of punitive damages are still rare in animal cases).

Donna mentioned that her dog was a pit bull. There are ordinances in Arkansas that prohibit the owning of pit bulls - but these prohibitions do not extend to service animals of a breed that is prohibited.

 

[adjusterjack]

If the accident was on op’s property why would op then end up in the middle of the road holding the dog? Did the op carry the injured dog out into the road or just me being curious as to the statement, was the dog actually in the road and the continuation of the accident resulted in the truck going off the road and hitting a tree.

It is just an odd place for the op to be if the dog was hit on op’s property.

Grief, rage, pick up dead dog and approach driver, "You killed my dog."

Doesn't seem too unusual to me.

 

[quincy]

Grief, rage, pick up dead dog and approach driver, "You killed my dog."

Doesn't seem too unusual to me.

Sometimes after an animal is hit by a car, the animal will get up and run a few paces before collapsing and dying, too.