Cyclist vs dog court case

[JacobReesMogadishu]

Interesting decision by the judge. A cyclist cycling in a park where cycling isn't allowed had a collision with a dog who was chasing after a ball. The judge has found in favour of the cyclist and could be awarded 50k compensation. Said the dog owner was negligent in not calling the dog back.

Hope the dog owner has insurance!

metro.co.uk/2020/10/28/cyclist-who-sued-dog-owner-after-being-knocked-off-bike-wins-payout-13493853/

The decision seems right. He's experiencing a significant impact on his quality of life as a result of his brain injury.

Also, while the article mentions that local bylaws prohibited cycling, it's unclear what this really means.

There's a big difference between a park with big signs indicating that cycling is prohibited, and a park which is frequently used by cyclists but where a diligent solicitor, in the run up to a court case like this, is able to unearth long-forgotten bylaws which support their client's case.

I feel sorry for the dog. Hit on the head by a ball then nearly hit by a bike.

I feel sorry for everyone involved really. I can't see that it was anyone's fault. Just one of those things.

@altforvarmt

The decision seems right. He's experiencing a significant impact on his quality of life as a result of his brain injury.

I get this but someone can't be ordered to pay compensation just because the other person suffered an injury. I'm not suggesting that the judge did this, he obviously feels the dog owner was at fault. But findings of guilt/compensation need to be based purely on who's to blame and the injuries shouldn't be taken into account at the fault deciding stage.

I was knocked off my bike by a dog once. Cycling along a cycling path when a dog came charging from a side path off lead and in front of it's owner, onto the main path. I swerved to avoid and came off the bike.

The owner came and screamed abuse at me for hitting/nearly hitting his dog! I'd been going no more than 10mph and dogs are supposed to be on a lead on that path.

That was on a bike path and the owner still felt it was my fault! I'd have thought most people would blame a cyclist/dog collision on the cyclist especially if they're not meant to be cycling there but yes I agree it could be an ancient unknown bylaw.

Well someone’s telling lies.

Mr Crane, who has ridden a bike around London for over 40 years without mishap, told the court in evidence that he was cycling with care and at no more than 5mph when the dog ran in front of him.

1. No one rides a bike for 40 years in London without mishap.

2. he was going 5mph and wearing a helmet but sustained brain injuries?

@altforvarmt

Also, while the article mentions that local bylaws prohibited cycling, it's unclear what this really means.

There's a big difference between a park with big signs indicating that cycling is prohibited, and a park which is frequently used by cyclists but where a diligent solicitor, in the run up to a court case like this, is able to unearth long-forgotten bylaws which support their client's case.

and in addition, the dog was clearly not under close control as per the law. instead of the cyclist it could also be a pedestrian or runner brought to fall by a dog.

@Smallsteps88

Well someone’s telling lies.

Mr Crane, who has ridden a bike around London for over 40 years without mishap, told the court in evidence that he was cycling with care and at no more than 5mph when the dog ran in front of him.

1. No one rides a bike for 40 years in London without mishap.

2. he was going 5mph and wearing a helmet but sustained brain injuries?

a fall on the head from standing height, which is the case on a bike, can be fatal. brain inhjuries like that could have happened to a pedestrian as well. even to one standing still.

I sued a dog owner once whose dog was running off the lead and suddenly darted into the road in front of my car causing a lot of damage when I wasn't able to avoid hitting it. I won the case.

That being said they were in a park I believe - where dogs are usually expected to be off the lead. If the park rules stated he shouldn't have been on the bike then he shouldn't have been on it?

I highly doubt she hit the dog on the head with a ball - that sounds like a whopping great lie to try and justify the dogs behaviour

But I do think this whole thing has been blown out of proportion - I'm also sceptical of his "brain injuries" - seems like a ploy just to get compensation to me

a fall on the head from standing height, which is the case on a bike, can be fatal.
brain inhjuries like that could have happened to a pedestrian as well. even to one standing still.

He was wearing a helmet.

Also, while the article mentions that local bylaws prohibited cycling, it's unclear what this really means.

report I read said:

"Cycling is prohibited without reasonable excuse on Acton Green Common but the council chooses not to enforce as it supports considerate cycling in parks," a spokesman for Ealing Council said.

So it's entirely possible the cyclists presence was not automatically contrary to any regulation or enforcement. But even it it were, it's not a "come fuck me over" invitation to all and sundry, and does not excuse people (and their dogs) from a duty of care.

Unlikely (to the extent I would bet on it) that the dog owner had any insurance.

I think this is outrageous. If you cycle in a park then this is the risk you take. Kids, dogs, joggers- take your pick.

He was wearing a helmet.

a helmet might prevent some injuries but not all.
michael schumacher was left severely disabled afer a slow speed ski accident. he was wearing a helmet.

Slow speed under 5mph?

2) he was going 5mph and wearing a helmet but sustained brain injuries?

Helmets don’t guarantee protection against head injuries. They’re not the magic bullet people seem to believe they are.

@Smallsteps88

Well someone’s telling lies.

Mr Crane, who has ridden a bike around London for over 40 years without mishap, told the court in evidence that he was cycling with care and at no more than 5mph when the dog ran in front of him.

1. No one rides a bike for 40 years in London without mishap.

2. he was going 5mph and wearing a helmet but sustained brain injuries?

If you count the time on a seat on the back of my mum's bike I have ridden a bike in London and elsewhere for over 50 years without mishap.

My cousin had a very slow accident (about walking pace, there were witnesses), hit his helmetted head at a bad angle and, after months in a coma, now has serious brain damage - he can't work, and can hardly walk.

Sounds like a freak accident that was nobody's fault to me.
A dog that is trained to chase a ball and bring it back will do just that, it's highly unlikely that even a dog with excellent recall would stop in its tracks when on the chase.
Travelling at max 5mph, but needing to 'break hard' and ending up going over the handlebars doesn't sound much like a seasoned (40 years without incident) cyclist to me
More likely he was going faster than he claims or the breaks were faulty!

I’m very surprised (and sorry) to hear that @amicissimma. I still don’t believe the man in the article was just doing 5mph.

@Winederlust

Sounds like a freak accident that was nobody's fault to me. A dog that is trained to chase a ball and bring it back will do just that, it's highly unlikely that even a dog with excellent recall would stop in its tracks when on the chase. Travelling at max 5mph, but needing to 'break hard' and ending up going over the handlebars doesn't sound much like a seasoned (40 years without incident) cyclist to me More likely he was going faster than he claims or the breaks were faulty!

My thoughts too.

Can you manage to throw 18st over handlebars for breaking at such a slow speed?

Yep, as a seasoned cyclist I do think you'd be hard pushed to go over the handlebars at a 5mph collision. I do suspect he was going faster.

@ivfbeenbusy Please tell me the dog survived?

Even he basically says he wasn't paying attention as he didn't see the dog at all until it was in front of him.

I think this was "just an accident".

I highly doubt she hit the dog on the head with a ball

I've accidentally hit my dog with a ball before. Why would you doubt it?

Can you manage to throw 18st over handlebars for breaking at such a slow speed?

if in a moment of psnic he only spplied the front brakes, absolutely yes. especially if he had dutch style drum brakes that stop the bike immefiately.