Cyclist hits dog, sues.

deandean

An interesting court case here, its the first time I have heard of a cyclist taking an action against the owner of a dog after the dog ran out from a driveway and caused the cyclist to hit the deck:
https://m.independent.ie/irish-news/courts/cyclist-who-claims-he-cant-run-or-cycle-after-collision-with-dog-settles-action-against-owners-36685185.html
Twice I've had serious encounters with dogs when out cycling. Fortunately I didn't suffer significant injuries either time. Both times it was a black and white border collie, same as in the case above. That particular breed seems to have a disposition towards causing trouble for cyclists.

secman

That particular breed seems to have a disposition towards causing trouble for cyclists.[/quote]

It's in their DNA to chase sheep and cyclists, have had to sprint from many a collie, there's a couple of them at Lisheen rise on the outskirts of manor kilbride that fit that description, thankfully the owner doesn't seem to let them down as much these days....... tempting fate here ?

Something similar happened to me coming down a hill in wicklow and I spent a night in Vincents because of it.

I was told to consider legal action but I subsequently found the dog was of limited means and was unlikely to be capable of paying.

Greybottle

Following talks between the parties, Mr Justice Cross was told the case could be struck out.

Seems he was hurt in another accident a few months later.

Either way the dog was not under control, so it should be a warning to other dog owners. FWIW a nephew of my neighbour sued for damage done to his car when he hit and killed a dog that ran out in front of him. The insurance company paid out, think it was around €2,000.

ford2600

http://www.irishstatutebook.ie/eli/1986/act/32/section/21/enacted/en/html#sec21

ted1

I narrowly avoided a similar incident with a grey squirrel coming down long hill from roundwood.
Animals are a nuisance

Ferris

Always interesting when tanking down the Clontarf cycleway and some careful dog owner lets their beloved run across your path on one of those inertia reel leads....

Would be an interesting case.

HugoMyBoss

deandean wrote: »

That particular breed seems to have a disposition towards causing trouble for cyclists.

Do you wear wool when you cycle?

Lumen

Magic number strikes again.

The dog, he said, ran to his friend but Mr Reilly who was doing about 30 Kilometres per hour hit the dog and went over the handlebars.
...
Following talks between the parties, Mr Justice Cross was told the case could be struck out.

Tip: when jumping the compo train, you must pick a speed of at most 29kph.

mrs.doubt.fire

Believe it or not...but the law in Ireland clearly states that your dog while on your own property must have a collar and tags and in a secure area that it can not leave your property. When your dog is off your property, that's then considered that your dog is in a public area, again the law clearly states that your dog must be on a leash when in a public place. So yes, if a dog regardless if its on a leash or not and it runs out in front of a car or a bicycle and causes damage, the owner of the dog IS liable to pay damages.

Also....if your at home and cattle or horses stray onto your property and IF you run them out and off your property, YOU are liable for any damage or accidents they may cause simply because YOU ran them from off your property (even though you dont own them), so IF they come onto your property, keep them there until the owner comes to get them and removes them. The law says that's why you have a gate on your entrance (if you dont have a gate, get one!)...close the gate and keep it closed to keep unwanted animals wondering in. Strange but true lol

ANXIOUS

mrs.doubt.fire wrote: »

When your dog is off your property, that's then considered that your dog is in a public area, again the law clearly states that your dog must be on a leash when in a public place.

The wording is under your control, no mention of a leash. Not talking about restricted breeds obviously.

seamus

mrs.doubt.fire wrote: »

the law clearly states that your dog must be on a leash when in a public place.

Actually it doesn't state it clearly at all. It states that a dog may not be in a public place unless under "effectual control". This has not been interpreted to mean "on a leash" - that is, if a guy is walking and his dog is walking beside him and clearly responding to commands, then he is not breaking any laws by not having it on a leash.

In any case, that's kind of irrelevant. Damage caused by dogs in Ireland falls under strict liability - that is, the injured party does not have to prove negligence or intent on the part of the dog owner. If a dog causes damage, the owner is liable for that damage, case closed. It would be no defence to show that the dog was provoked, or broke its leash, or whatever. If the dog causes injury, the owner is liable.

I expect that in the case in the OP, the dog owner was disputing the extent of his liability - i.e. how much damage the dog did, and how much damage happened in the later crash.

mrs.doubt.fire

ANXIOUS and seamus...I was only para-phrasing, no need to nit pick what I said, it's still the same info.

Jawgap

ronoc wrote: »

Something similar happened to me coming down a hill in wicklow and I spent a night in Vincents because of it.

I was told to consider legal action but I subsequently found the dog was of limited means and was unlikely to be capable of paying.

That's a bit ruff.....

Hitman3000

secman wrote:

That particular breed seems to have a disposition towards causing trouble for cyclists.

[/quote]


They also provide unsolicited motivation to a multitude of runners, myself included.

mathie

Last Wednesday a dog ran out in front of me on Howth. He was with his owner but ran over once it saw another dog.
I'd to hit the brakes and have to clip out.
The owner called the dog but said nothing otherwise.
"No apology?" I proffer.
"Keep your mouth to yourself"

Good times.

Jawgap

Jawgap wrote: »

That's a bit ruff.....

The gardai told me he has kept his nose clean.

He is a good boy.

ANXIOUS

mrs.doubt.fire wrote: »

ANXIOUS and seamus...I was only para-phrasing, no need to nit pick what I said, it's still the same info.

In fairness it's a massive difference to say it's illegal not to have a dog on a lead.

benneca1

ronoc wrote: »

Something similar happened to me coming down a hill in wicklow and I spent a night in Vincents because of it.

I was told to consider legal action but I subsequently found the dog was of limited means and was unlikely to be capable of paying.

A dog of limited means ??

Paulzx

benneca1 wrote: »

A dog of limited means ??

He'd defaulted on the mortgage on his kennel

benneca1

benneca1 wrote: »

A dog of limited means ??

He has fallen on ruff times

ford2600

I've been on both sides of this.

About 12 years ago, my dog attacked a pedestrian (whom I knew well, along with her extended family) immediately outside farm gate. Dog was a pure bred lab, that I had rehomed after some clown had bought him at Xmas as a cute chocolate lab pup and proceeded to ignore him when he grew. He was beyond my skillset to retrain and in hindsight should have got rid of him beforehand. He didn't do any real physical damage, but lady got a fright. I immediately brought her for medical attention, got her a small gift and had dog put down by vet within about 3 hours. I'd imagine a lot of conflict after, in the absence of serious injury, could be resolved by similar actions.

A Jack Russell, walking with it's very elderly owner bit me on calf in Waterford city about 10 years ago, I hadn't the heart to say it to owner, but I probably should as it might have been a habit he had.

I generally ride a lot in areas where there are quite a few sheep farmers, and therefore sheepdogs and it is the only way I do any kind of hard riding these days; sheepdog intervals to break up the wandering around the byroads. The really good (i.e. sneaky) sheepdog you won't hear coming; those fcukers can do stealth mode

When route checking an audax ride last year myself an organiser were chased for a couple of hundred metres by one determined lab, it meant that rather nice section of road was removed from route

Mr.H

Would you sue if it was a child instead of a dog? I mean the parents should have control of the child also. Just because of run it down and kill it doesn't mean you're responsible........

It's happened to us all where a dog runs out and chases you. I slow down not speed up. If it annoys you, then go to the owner and tell them you will call the the dog warden if they don't stop their dog from running onto the street.

rollingscone

deandean wrote: »

An interesting court case here, its the first time I have heard of a cyclist taking an action against the owner of a dog after the dog ran out from a driveway and caused the cyclist to hit the deck:
https://m.independent.ie/irish-news/courts/cyclist-who-claims-he-cant-run-or-cycle-after-collision-with-dog-settles-action-against-owners-36685185.html
Twice I've had serious encounters with dogs when out cycling. Fortunately I didn't suffer significant injuries either time. Both times it was a black and white border collie, same as in the case above. That particular breed seems to have a disposition towards causing trouble for cyclists.

It's relatively common for pedestrians and motorists to sue homeowners if the dog can be identified.

They're covered under the third party liability section of most if not all home insurance policies (just like cyclists)

benneca1

Seriously the issue is that if you have animals in a public place they must be under control. You are liable otherwise. I am from a farm and dogs cattle and sheep if they get out and cause harm you have to pay up there are no grounds not to. In the above case the issue was not liability it was whether or not the injures were caused by the accident and the extent of same.

Wishbone Ash

Mr.H wrote: »

.....It's happened to us all where a dog runs out and chases you. I slow down not speed up. If it annoys you, then go to the owner and tell them you will call the the dog warden if they don't stop their dog from running onto the street.

2 points.

1. People like myself who are terrified of dogs are not going to approach a house with a dog/dogs present to speak to the owner.

2. Calling a dog warden is fine if you know where you are but not much good if cycling in unfamiliar territory and attacked by a dog from an un-numbered house in the countryside.

Roca

I had an incident few years ago where a dog came from nowhere and attacked me while cycling. Went to court etc but lost the case because the owner denied ownership. The dog wasn't licenced so I couldn't prove 100% they owned the dog.

HugoMyBoss

Roca wrote: »

I had an incident few years ago where a dog came from nowhere and attacked me while cycling. Went to court etc but lost the case because the owner denied ownership. The dog wasn't licenced so I couldn't prove 100% they owned the dog.

Was the dog put down?

homer911

I hit a lab on my motorbike years ago - it was just wandering across the road on its own, then stopped. I chose to pass it on the widest part of the road and once committed, the dog walked in front of me - went flying and skating in equal measure - in fairness I should have slowed right down. Major damage to bike, minor damage to me. Dog ran off without providing his name and address or insurance details! Ignorant sod!

Takca

Wishbone Ash wrote: »

2. Calling a dog warden is fine if you know where you are but not much good if cycling in unfamiliar territory and attacked by a dog from an un-numbered house in the countryside.

I've thought about this for reporting things in the past (dogs, potholes, whatever), if your tracking your ride with a GPS device, hit the split button (if you have one), then later you can see on the map where the old spit finished and the new one started.

Roca

HugoMyBoss wrote:

Was the dog put down?

Don't no what happened the dog after to be honest .. but I knew they owned the dog as far as it was always there. I lost it based in no licence linking the owner to the dog.