05 November, 2020
The Times newspaper recently reported on a case where a cyclist had succeeded in a claim against the owner of a dog who had run out in front of him causing him to come off his bicycle.
As a result, he suffered a brain haemorrhage after he flew over the handlebars of his bicycle which left Mr Crane with some brain damage. Although the value of his claim has not yet been determined, he was able to establish that the dog owner (Ms Reid) was negligent when she threw a ball for the dog to chase and failed to call it back when she knew or ought to have known that the cyclist was approaching, even though he was riding illegally on a pathway. The court held that she was negligent in not doing so, the judge told the court:
"After considering all the facts and evidence, I find that on balance of probabilities, in failing to call back Felix, which she clearly had time to do, Ms Reid exposed Mr Crane to risk of injury."
This decision brings into play some important issues concerning cyclists, even when they are riding their cycles in the wrong place. It also calls into question responsibility of dog owners. This claim was brought in negligence but there could have been arguments Under the Animals Act. The Animals Act is a notoriously difficult act to apply. The courts have considered many cases and situations over the years, ranging from a dog attacking an individual who was too close to the open boot of a car from cows straying onto the highway and colliding with vehicles.
If you have been unfortunate enough to sustain injury as a result of the acts of an animal, you may be able to claim compensation. Here at Forbes Solicitors we have specialists dealing with bike accident compensation claims. Please contact us for no obligation advice on whether you might have a claim. If you have a claim, we will usually take the case on a no-win no fee basis.
For more information contact John Bennett in our Personal Injury department via email or phone on 01254 872111. Alternatively send any question through to Forbes Solicitors via our online Contact Form.