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	<title>
	Comments on: Not the best policy	</title>
	<atom:link href="https://www.overlawyered.com/2010/05/not-the-best-policy/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2010/05/not-the-best-policy/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Fri, 28 May 2010 14:21:56 +0000</lastBuildDate>
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	<item>
		<title>
		By: Ron Stimbert		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91131</link>

		<dc:creator><![CDATA[Ron Stimbert]]></dc:creator>
		<pubDate>Fri, 28 May 2010 14:21:56 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91131</guid>

					<description><![CDATA[&quot;We were training a pup. One of the standard drills was that, on arriving at the crosswalk, the handler would stop, the dog would sit, and then they crossed. So the beast managed to break away and take itself for the walk. It ran up to the crosswalk, sat, and then dashed out in front of an oncoming car. Fortunately, the car missed. It was actually hilarious after the terror was over.&quot;

I enjoyed that (since the dog was safe.)]]></description>
			<content:encoded><![CDATA[<p>&#8220;We were training a pup. One of the standard drills was that, on arriving at the crosswalk, the handler would stop, the dog would sit, and then they crossed. So the beast managed to break away and take itself for the walk. It ran up to the crosswalk, sat, and then dashed out in front of an oncoming car. Fortunately, the car missed. It was actually hilarious after the terror was over.&#8221;</p>
<p>I enjoyed that (since the dog was safe.)</p>
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		<title>
		By: Dennis		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91126</link>

		<dc:creator><![CDATA[Dennis]]></dc:creator>
		<pubDate>Fri, 28 May 2010 13:57:33 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91126</guid>

					<description><![CDATA[&#062; While there are many things you can teach a dog, looking both ways before crossing the road isn’t one of them. 

We were training a pup.  One of the standard drills was that, on arriving at the crosswalk, the handler would stop, the dog would sit, and then they crossed.  So the beast managed to break away and take itself for the walk.  It ran up to the crosswalk, sat, and then dashed out in front of an oncoming car.  Fortunately, the car missed.  It was actually hilarious after the terror was over.]]></description>
			<content:encoded><![CDATA[<p>&gt; While there are many things you can teach a dog, looking both ways before crossing the road isn’t one of them. </p>
<p>We were training a pup.  One of the standard drills was that, on arriving at the crosswalk, the handler would stop, the dog would sit, and then they crossed.  So the beast managed to break away and take itself for the walk.  It ran up to the crosswalk, sat, and then dashed out in front of an oncoming car.  Fortunately, the car missed.  It was actually hilarious after the terror was over.</p>
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		<title>
		By: Dennis		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91125</link>

		<dc:creator><![CDATA[Dennis]]></dc:creator>
		<pubDate>Fri, 28 May 2010 13:52:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91125</guid>

					<description><![CDATA[If you love your dog, keep it under control.

As far as the cost of repairs, you can&#039;t drive by a body shop without incurring a $500 bill.]]></description>
			<content:encoded><![CDATA[<p>If you love your dog, keep it under control.</p>
<p>As far as the cost of repairs, you can&#8217;t drive by a body shop without incurring a $500 bill.</p>
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		<title>
		By: Nobody Special		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91122</link>

		<dc:creator><![CDATA[Nobody Special]]></dc:creator>
		<pubDate>Fri, 28 May 2010 13:38:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91122</guid>

					<description><![CDATA[It&#039;s very possible that the material cost of the plastic bumper and the labor cost of its installation to be less than the cost of painting the bumper.]]></description>
			<content:encoded><![CDATA[<p>It&#8217;s very possible that the material cost of the plastic bumper and the labor cost of its installation to be less than the cost of painting the bumper.</p>
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		<title>
		By: VMS		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91098</link>

		<dc:creator><![CDATA[VMS]]></dc:creator>
		<pubDate>Fri, 28 May 2010 04:43:42 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91098</guid>

					<description><![CDATA[In New York there is no liability for this type of occurrence on the part of the pet/domestic animal owner even for violation of leash laws or other negligence. The standard for liability in New York is much different, namely, the plaintiff has to prove that the owner knew of the animal&#039;s &quot;vicious&quot;  propensity to cause harm. But once this is proven, there is strict liability.

 Here are the cases if anyone cares to read them:

http://www.law.cornell.edu/nyctap/search/display.html?terms=animals%20or%20wildlife&#038;url=/nyctap/I09_0092.htm

http://www.law.cornell.edu/nyctap/search/display.html?terms=Dog&#038;url=/nyctap/I06_0046.htm

http://www.law.cornell.edu/nyctap/search/display.html?terms=Dog&#038;url=/nyctap/I08_0040.htm]]></description>
			<content:encoded><![CDATA[<p>In New York there is no liability for this type of occurrence on the part of the pet/domestic animal owner even for violation of leash laws or other negligence. The standard for liability in New York is much different, namely, the plaintiff has to prove that the owner knew of the animal&#8217;s &#8220;vicious&#8221;  propensity to cause harm. But once this is proven, there is strict liability.</p>
<p> Here are the cases if anyone cares to read them:</p>
<p><a href="http://www.law.cornell.edu/nyctap/search/display.html?terms=animals%20or%20wildlife&#038;url=/nyctap/I09_0092.htm" rel="nofollow ugc">http://www.law.cornell.edu/nyctap/search/display.html?terms=animals%20or%20wildlife&#038;url=/nyctap/I09_0092.htm</a></p>
<p><a href="http://www.law.cornell.edu/nyctap/search/display.html?terms=Dog&#038;url=/nyctap/I06_0046.htm" rel="nofollow ugc">http://www.law.cornell.edu/nyctap/search/display.html?terms=Dog&#038;url=/nyctap/I06_0046.htm</a></p>
<p><a href="http://www.law.cornell.edu/nyctap/search/display.html?terms=Dog&#038;url=/nyctap/I08_0040.htm" rel="nofollow ugc">http://www.law.cornell.edu/nyctap/search/display.html?terms=Dog&#038;url=/nyctap/I08_0040.htm</a></p>
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		<title>
		By: Tom Murin		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91096</link>

		<dc:creator><![CDATA[Tom Murin]]></dc:creator>
		<pubDate>Fri, 28 May 2010 03:22:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91096</guid>

					<description><![CDATA[Absolutely the best policy. Remember, included in the (subrogation) claim is the insured&#039;s deductible.  They shouldn&#039;t eat it just because htey hit Fido.  I can recall not going after pedestrians who were at fault, but it is the same theory.]]></description>
			<content:encoded><![CDATA[<p>Absolutely the best policy. Remember, included in the (subrogation) claim is the insured&#8217;s deductible.  They shouldn&#8217;t eat it just because htey hit Fido.  I can recall not going after pedestrians who were at fault, but it is the same theory.</p>
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		<item>
		<title>
		By: Richard Nieporent		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91095</link>

		<dc:creator><![CDATA[Richard Nieporent]]></dc:creator>
		<pubDate>Fri, 28 May 2010 03:12:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91095</guid>

					<description><![CDATA[Good point Ron. The article states “A local bylaw requires pets to be on a leash when off the owner&#039;s property, but the Flemmings said Jake had become accustomed to roaming outside the family&#039;s home.” You notice how they use the infamous passive tense to avoid taking responsibility for what happened. Let’s rewrite the sentence in an active voice. The Flemmings said we have always allowed Jake to roam outside the family&#039;s home because we are irresponsible dog owners. Now we can easily see who is at fault.]]></description>
			<content:encoded><![CDATA[<p>Good point Ron. The article states “A local bylaw requires pets to be on a leash when off the owner&#8217;s property, but the Flemmings said Jake had become accustomed to roaming outside the family&#8217;s home.” You notice how they use the infamous passive tense to avoid taking responsibility for what happened. Let’s rewrite the sentence in an active voice. The Flemmings said we have always allowed Jake to roam outside the family&#8217;s home because we are irresponsible dog owners. Now we can easily see who is at fault.</p>
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		<item>
		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91094</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Fri, 28 May 2010 03:09:10 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91094</guid>

					<description><![CDATA[Bill Poser, 

Your assessment of the price shows your age, my friend.  ;)

You remember the days when bumpers actually protected the car.  Now they are more of &quot;disposable energy absorbers.&quot;  

The Insurance Institute for Highway Safety did a series of tests on cars and the tests include a corner bumper impact at 3 mph.  The costs for some of the smaller cars are unbelievable.  The Kia Rio cost $1758 to repair.  The Mini Cooper was $2637 to repair.  

http://www.iihs.org/news/rss/pr061109.html#

A friend of mine recently tapped a Mercedes SUV.  The bumper cover cracked.  To replace the cover - and no other damage to the car or the supporting bumper structure - was over $1200.  Just one plastic piece was $1200.  I know it is a Benz and all that, but the days of a $300 bumper seem to be long gone.]]></description>
			<content:encoded><![CDATA[<p>Bill Poser, </p>
<p>Your assessment of the price shows your age, my friend.  😉</p>
<p>You remember the days when bumpers actually protected the car.  Now they are more of &#8220;disposable energy absorbers.&#8221;  </p>
<p>The Insurance Institute for Highway Safety did a series of tests on cars and the tests include a corner bumper impact at 3 mph.  The costs for some of the smaller cars are unbelievable.  The Kia Rio cost $1758 to repair.  The Mini Cooper was $2637 to repair.  </p>
<p><a href="http://www.iihs.org/news/rss/pr061109.html#" rel="nofollow ugc">http://www.iihs.org/news/rss/pr061109.html#</a></p>
<p>A friend of mine recently tapped a Mercedes SUV.  The bumper cover cracked.  To replace the cover &#8211; and no other damage to the car or the supporting bumper structure &#8211; was over $1200.  Just one plastic piece was $1200.  I know it is a Benz and all that, but the days of a $300 bumper seem to be long gone.</p>
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		<item>
		<title>
		By: Ron Stimbert		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91091</link>

		<dc:creator><![CDATA[Ron Stimbert]]></dc:creator>
		<pubDate>Fri, 28 May 2010 02:01:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91091</guid>

					<description><![CDATA[She even admits that they let the dog run loose. While there are many things you can teach a dog, looking both ways before crossing the road isn&#039;t one of them. 

I feel bad for the dog, but not the owners. Pay the freaking bill and for the next dog, find time in your busy day to walk the damn thing.]]></description>
			<content:encoded><![CDATA[<p>She even admits that they let the dog run loose. While there are many things you can teach a dog, looking both ways before crossing the road isn&#8217;t one of them. </p>
<p>I feel bad for the dog, but not the owners. Pay the freaking bill and for the next dog, find time in your busy day to walk the damn thing.</p>
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		<title>
		By: Rliyen		</title>
		<link>https://www.overlawyered.com/2010/05/not-the-best-policy/comment-page-1/#comment-91088</link>

		<dc:creator><![CDATA[Rliyen]]></dc:creator>
		<pubDate>Fri, 28 May 2010 01:17:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=17533#comment-91088</guid>

					<description><![CDATA[RE: Dog owners

two words: NO SYMPATHY.

And this is coming from a pet owner who, you know, actually takes care of them.]]></description>
			<content:encoded><![CDATA[<p>RE: Dog owners</p>
<p>two words: NO SYMPATHY.</p>
<p>And this is coming from a pet owner who, you know, actually takes care of them.</p>
]]></content:encoded>
		
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