A recent post on Facebook came from a woman who tripped over an RVer’s dog tie-out leash. Her fall caused a broken ankle. As you might imagine, threats of litigation swirled for days. It’s a cautionary tale: RVers with dogs, watch out!
Parties involved
Before we consider possible lawsuits, here’s a look at each of the three parties involved in this unfortunate incident.
The “tripper” (i.e., lady who fell): She contends that the dog owner is to blame. The leash on his dog caused her to fall. Therefore, the dog owner is liable. At least in her mind.
The dog owner: The dog owner does not accept responsibility. He contends that the campground is at fault. They forbid dog fencing which could have prevented the lady’s unlucky spill.
The campground owner: The owner/manager of the small, privately owned campground believes the woman is to blame. Walkers are responsible for avoiding obstructions, like sticks, rocks, and presumably dog tie-outs on all paths within the campground.
Finger-pointing
While all of this finger-pointing plays out, lawyers, no doubt, eagerly wait for their phones to ring. Let’s investigate the many possibilities for settling this case.
Responsibility
Liability in this situation depends on the specific circumstances, but here’s how the responsibility might be assigned:
The dog owner
- Potential liability. The dog owner might be liable if the leash was placed in a way that created an obvious tripping hazard, such as stretching it across a common walkway or campsite path. (No information was given regarding the position of the tie-out.)
- Duty of care. Dog owners are generally required to manage their pets and related equipment to ensure they don’t create hazards for others.
The woman who tripped
- Potential liability. The woman could be found partly or fully at fault if she was not paying attention to where she was walking. This may apply if the leash was clearly visible and in an appropriate location. (The Facebook post did not provide this information.)
- Negligence. In legal terms, this could be contributory or comparative negligence, depending on the state’s laws. (Again, no mention of the state in which the incident occurred.)
The campground
- Potential liability. The campground could be liable if it failed to enforce rules or maintain a safe environment. This would include not addressing improperly placed leashes or allowing unsafe setups despite prohibiting dog fences.
- Assumption of risk. Many campgrounds include waivers or disclaimers in their policies. These limit their liability for accidents involving campers’ pets or equipment.
Legal outcomes
- Shared liability. In many cases, liability might be shared between the parties. For example, if the dog owner improperly placed the leash but the woman was also not paying attention, both could bear responsibility.
- State-specific laws. Some states follow comparative negligence rules, where each party’s percentage of fault is considered. Others use contributory negligence, where any fault by the injured party might bar recovery entirely.
Minimize risk
The situation serves as a “heads up” for all RVers.
- For dog owners. Ensure tie-out leashes are positioned safely within your assigned campsite and away from paths. If you need clarification about site boundaries, talk to the campground manager.
- For campgrounds. Clearly communicate and enforce pet policies and review setups to prevent hazards.
- For visitors. Stay vigilant while walking and familiarize yourself with campground layouts. Request a site map that clearly marks trails or any restricted areas.
Your opinion?
No further information about the accident has been posted. (I’ve been watching.) If an injury occurs, legal liability would typically be determined through evidence, witness testimony, and applicable local laws.
Still, I wonder what our RV readers and RV dog owners have to say about this incident. Chime in with your views using the comments below.
##RVT1188
Although we don’t have a dog, we do have a blanket liability insurance, beyond homeowners, to help cover this terrible power.
Lawyers advertise every day, hoping for big buck cases.
The woman should have looked where she was going. Sounds like someone playing the lawsuit lotto.
There are a few pieces of information we’re missing like you said. Was the dog in the middle of the road (we have that here in our campground), was she walking through someone else’s site? Was the leash too long? Too many variables but the lawyers are going to love this.
In what condition was the woman meaning was or had she been drinking. Only state because a have seen many in that state that they shouldn’t of left the camper or camp site.
First question.
Was dog left out unattended or supervised?
Owner is liable for all
How long of a tie out?
Park have rule’s about dogs?
Black and white issue!
We wont stay at a park that doesn’t enforce their rules.
Never leave your dog unattended
A lot of dog owners are not good parents
Owners fault period.
LOL, David N! You will feel the wrath of lots dog owners with comments like that! Some are militant that think their “muffy” can do no wrong.
Another person who refuses to take responsibility for their own actions. That lady who tripped is responsible for where she walks and steps. I bet if she was driving and ran into a telephone pole she would blame the company for putting the pole there.
If the dog and leash were within the boundaries of the rented campsite, and the lady tripped and fell within those boundaries, she was trespassing on a rented space. I see no reason for a law suit.
I agree with you. If the woman had no business crossing though the campsite, she was responsible for her own action. It would be the same if she hit her head on the awning support or walked into the picnic table.
We had a similar problem at our house where a neighbor kid ran though our back yard while our dog was tied out. The dogs leash kept him well within property. The dog ran towards him and the “brat” tripped on our sidewalk. His Father threatened us with a lawsuit, until I called the police. The officer told him that his son was trespassing and could see that the dog was there.
This was not the first time and we told him numerous times not to cut through.
BTW, he actually had to open a gate to access the yard.
There are lawyers everywhere smacking their lips over stuff like this.
The missing info is the key in this case. Without it, no determination of liabiity can be made.
While I fully agree that the location of the tie-out is an important item, it is far from being the key item in terms of a liability suit. Let’s look at a stix & brix situation… if a homeowner shovels snow off his/her driveway into a pile at the side, and a neighborhood child drags his/her sled up the pile, slides down and breaks a bone in the homeowner’s driveway, the homeowner may have liability for creating an ‘attractive nuisance’. Yes, sounds crazy, but it happened down our block.
I had a deep discussion with a potential new RV insurance company about such scenarios at our RV just this past summer. I would suggest readers have like discussions with their insurer.
HOW does one ‘fall and break an ankle’ tripping over a leash? Falling from a height I can understand, like off a ladder or even a curb. Falling down and breaking an arm or wrist as you’re trying not to face plant I can see. But tripping over a leash and breaking an ankle?
Excessive mass?
“The campground could be liable if it failed to enforce rules or maintain a safe environment.” Hmm, I wonder if that can be applied to incessantly barking dogs? 😉
The fat lady looking at her phone and not where she was walking is at fault. S,ns.
Sounds like the person was a clumsy clod who does not look where she is going. Anyway, my dog is tied to the trailer and never so a leash goes across any trails or road. Many campgrounds say six foot or less leash at all times. I do give him more room in our space, so people and dogs best stay out of my space. At the same time, the dog is always with me, as there are pushy people who try to get to my dog who minds his own business, which I do not allow. Many times, it is not clear where each boundary is. It frosts me when they let their dog into my space to poop–or their kid, and I run them off.
Thank you, Gail! Interesting scenario. Happy new year and safe travels! 🙂