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/

My dog always manages to get his noggin right in the path of the ball.

@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?

It's quite possible to ride around London for decades without mishap, particularly if you don't go far or fast - the only serious off I've had was out in the sticks where there was road debris.

As to helmets, there is some evidence that they increase the risk of rotational brain injury. At best, they don't protect from it. www.cyclehelmets.org/1039.html

Seems like he hired a much better solicitor than she did.

50k compensation sounds high, but perhaps he suffers from permanent brain damage and now can’t work or needs a carer etc

I would be surprised if she was ordered to pay 100% of the award, as it seems like he contributed partially to the accident. He was apparently only riding a 5mph but was unaware of his surroundings. It doesn’t help that he was ~70 at the time and 18 stone which would have made him more susceptible to injury.

the dog owner/handler was also clearly not aware (or didn't give a fuck) about the surrounding...

I've never heard of cycling being banned in a park. Loads of kids learn to ride in them! I'm not surprised it wasn't enforced.

@pinkbalconyrailing

the dog owner/handler was also clearly not aware (or didn't give a fuck) about the surrounding...

Not at all. A freak incident made the dog go off in different direction into the path of a cyclist who had his head down according to the dog owner.

The cyclist admits that he didn't see the dog at all until he nearly hit it. If you are cycling on something that is not a cycle path you need to pay attention to your surroundings at all times. He was not on a cycle path and was not meant to be cycling there.

[quote 12frogsincoats]@ivfbeenbusy Please tell me the dog survived? [/quote]

No sadly it had to be put to sleep

No report says the dog was pts.
Wonder if he’d be suing if she wasn’t an investment banker?

It could easily have been a child running into the cyclist's path. In my opinion, a cyclist in an environment such as a park has a responsibility to look out for, and avoid hazards. A poor decision by the court.

As long as the dog is insured it should be covered. Even if a dog is uninsurable for medical expenses, you can get third party and legal insurance inexpensively - we did this for our elderly dog in his last years of life.

@WitchesSpelleas

The people I recovered costs from in my case used the legal fees cover on their house insurance

The judge correctly found that the dog owner must take responsibility for their pets' behaviour and actions, and keep them under control.

@ivfbeenbusy You killed someone's dog then sued them! Surely the loss of a beloved pet is punishment enough?

@Redburnett

The judge correctly found that the dog owner must take responsibility for their pets' behaviour and actions, and keep them under control.

But men can behave how they want without consequences, as per usual. He was cycling quickly with his head down...Imagine if he had hit a child!

"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.

Might the dog owner have a case against Ealing Council then?

ivfbeenbusy Wow. no words.

We have occasional row locally about a park where both cyclists & dogs off leads are prohibited. I cycle & don't mind dogs loose. Bit of give & take I hope will predominate.

I'm sorry, let me rephrase, the dog died because of the impact, not that he killed it.

I phrased that wrongly in my post above.

@ChardonnaysPetDragon
The dog Felix in this case wasn’t pts if that’s what you refer to.

Oh sorry, it seems I got this wrong

[quote 12frogsincoats]@ivfbeenbusy You killed someone's dog then sued them! Surely the loss of a beloved pet is punishment enough?[/quote]
Emotion and sentiment have no role in law. The moment they do it's not law. Just vengeance, retribution, and eventually whose gang is nastiest.

@12frogsincoats
I imagine it was her car insurance that sued the dog owners, I’d hope anyone with an ounce of decency wouldn’t decide this themselves.

Just asked DH to weigh in on this, as an avid cyclist and dog owner. He said they’re both at fault (which was my first thought too).

I wouldn’t throw the ball for my dog in a place where she might across the path of someone running, walking or cycling. My dog has excellent recall but I’m also aware that trying to stop a dog chasing a ball is very hard and goes against the dog’s instincts. We will throw the ball on paths but only when the path in front and behind of us is empty. We won’t throw the ball anywhere near a busy path and if walking near one, we take the ball from the dog (she will walk holding her ball) in case she drops it and automatically goes for it.

Cyclist shouldn’t have been cycling through there. Yes, there are parks and commons that don’t allow cycling. There are plenty where I live but some cyclists choose to ignore that, which is probably why the council don’t police it. DH says he should have been more aware and if he didn’t hear the shouts from the woman, he can’t have been paying much attention (or his hearing was already affected by prior to the crash). From my point of view, the fact that he’s 18st is irrelevant. For one, DH has been almost that weight and managed to cycle at 35mph, with his average speed about 18mph. This guy has 40 years experience of cycling. If you do something repeatedly, even if you’re overweight, you can maintain a relatively decent speed. I’m overweight and prior to lockdown I could put walk most people because I walk(ed) a lot.

[quote 12frogsincoats]@ivfbeenbusy You killed someone's dog then sued them! Surely the loss of a beloved pet is punishment enough?[/quote]

The dog was dangerously off it's lead next to a public highway - not a park. It ran in-front of my car with no warning and caused £1000s of damage. Why should I have to pay the cost of my excess and increased premiums because someone had their dog off the lead next to a busy road and couldn't control it ???

I always worry when I see a dig on the street that’s not on a lead, because this can easily lead to an accident.

In a park, where the use is shared though both parties have to be careful.