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news
Acton Green Common (via GoogleStreetView).PNGCyclist injured in crash with dog chasing ball sues owner for £50,000
A man who came off his bike when a dog ran in front of him as it chased a ball is suing the animal’s owner for £50,000.
Metro reports that David Crane, who was on his way to work as a publishing executive, crashed on Acton Green Common in West London as he tried to avoid the cocker spaniel, named Felix.
Mr Crane, aged 70, went over his bike’s handlebars and hit his head, resulting in a seizure, concussion and a brain haemorrhage in the incident, which happened in March 2016.
Central London County Court heard that his injuries resulting in him suffering from loss of memory and concentration as well as headaches, and also affected his sense of taste and smell. His left ear was also damaged as a result of the crash.
The court was told that Mr Crane, who lives in Chiswick, said he was travelling at 5mph because “I was very overweight and cycling fast was not something I did. I was 18 stone at the time.”
He is suing the dog’s owner, 48-year-old investment banker Carina Read, claiming that she negligently failed to keep the dog under control and that she should have been aware that the dog chasing a ball “with no regard for his surroundings,” might cause a cyclist serious harm.
In her defence, Ms Read said the cyclist should not have been riding in the park due to local by-laws forbidding it and that his crash resulted from a “freak occurrence” and that she had her dog under control.
Her lawyer, Nigel Lewes, said that Ms Read had been using a “thrower” to throw balls for Felix to chase, and that she had been standing around 33 feet from the path Mr Crane was cycling on.
He said: “She threw the ball parallel to the path. Felix went after the ball and it bounced off his head, deflecting towards the path.
“At that point she became aware of Mr Crane cycling at speed with his head down. She tried to warn him but Felix chased the ball and was struck by the front wheel of his bicycle.”
Mr Crane is also suing the dog-owner under the Animals Act 1972 but Mr Lewers insists that legislation only relates to cases involving a dangerous animal, saying: “Felix was not dangerous. He was running to catch a ball.”
The case was has been adjourned.
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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132 comments
Hmm, if it's a shared use path then pedestrians, children and dogs have priority don't they? It'd be different if it'd happened in the road.
I was once knocked off my motorbike by a dog that ran into the middle of a very busy A road. The dog owner scooped up his animal and departed, leaving me with a smashed motorbike and foot.
The animal survived at least, but my anger was with the owner.
There are highway code obligations on shared paths (a legal category that may or may not apply here, depending on whether the council has declared it an official shared path or not) for dogs to be kept under control, which translates as on a short lead. Priority may or may not come into it.
If, as seems to be the case, cycling is permitted, then the HC rules about dogs on shared paths might apply; they must be kept under control on a lead.
"56
Dogs. Do not let a dog out on the road on its own. Keep it on a short lead when walking on the pavement, road or path shared with cyclists or horse riders."
Of course, since she wasn't exercising her dog on the path, but the ball bounced there, this is a moot point: could she reasonably foresee that the ball could go on the path?
I suspect it would decide how close to the path she was walking when she threw it "parallel".
The picture in article shows a thin stretch of grass next to the path, it isn't on a hill really and looks quite flat. If the ball hit the dogs head and bounced across it, then It doesn't sound far. Now spaniels, as a hunting dog are fast and excitable, (at least ours were) so he might have been one that chases and knocks the ball for the fun of it.
TBH, even before I took up cycling I have always thought those ball throwers are a bit dodgy. I understand it makes it easier to throw balls further for little effort and they can run further, but to me you are taking the dog out a comfortable control zone and you have a lot further to go to stop them and get them back (Fentonnn!).
Time for a bedtime story.
In 2012 I went to a join a mate in Montreal to ride from Montreal to Miami. We spent 5 weeks doing 3095km with a bit of siteseeing in Gettysburg, Washington and visiting a friend on Hilton Head Island. We managed all that without falling off once despite spending many hours riding close behind one another and being chased by loose dogs running off front porches in the southern states.
After flying back to Montreal I had a few days left before flying home so we were able to go out on Montreal island for a ride and on the cycle route, in a park, a collie shot across the path towards its owner and took out my mates front wheel. He went over in a split second with me breaking hard behind him. I didn't know whether to help him up or make sure the women dog owner didn't do a runner. Another women dashed up to help him and I went over to the dog owner who ignored me and walked off. I asked my mate if I should go after her and he said there was nothing I could do. It seems that in Canada it is a case of tough luck. Here in Germany such incidents will be covered by the dog owner's liability insurance.
We both had trouble believing that after all those miles one of us was taken out so easily a few minutes from home.
Had it been a child chasing the ball would that alter who was being sued?
I would imagine that if a dog causes somebody to injure themself then the owner can be considered liable.
Throwing a ball near to a path is a pretty stupid thing for a dog owner to do.
IMO the owner is at least partially liable for the cyclists injuries.
If cycling had been allowed on the path then the dog owner should be held fully liable.
Again, if it's a shared use path, then I believe the cyclist has to give way.
I'm not sure that's applicable in this situation.
Surely you only have to give way to a person or animal established on the path?
You can't be expected to give way to an animal unexpectedly entering the path at speed.
33 feet away and separated by flowerbeds isn't exactly "near". Especially when the cyclist was apparently only going 5mph – which only requires a 1-foot braking distance (according to a few online calculators) – in the unliekly event the ball takes an unpredictable bounce.
The ball ended up on the path.
That's near enough for me.
I predict the only winners from this will be the lawyers.
I wonder if they are going after the ladies house insurance? 50k seems low for the nature of the injuries tbh.
Im finding the whole case a bit dubious.
Especially as she was earning 350k with 150k bonuses back in the early 2000's. But maybe he isn't actually "greedy", just wanting stuff to help with the long term effects of the injuries.
I don't see the point in commentating until the case is over and most of the relevant facts have been made known.
Was the dog wearing hiviz? If not, why not?
My whippet has a bright red coat. If you can't see that, then your eyesight isn't good enough for you to cycle on your own. In winter when I do my usual morning run with my running buddy, I stick a small bicycle light on my whippet's collar. My running buddy has a flashing collar for her whippet.
If it was a shared path he was on then the dog owner is in breach of highway code rule 56. I would think he has a good case. Perhaps it's time for all pedestrians to be insured or ensure dog's have hi vis jackets.
Dogs under control seems to be the main rule for that area judging by the signs near the entrances.
Don't forget registered and made to take a test....
You used to need a licence - 37p I think.
Was it cheaper if your dog was black and white?
When I was a kid, all dogs were black and white - if you were lucky enough to have one - and there were only about 3 breeds. Then a friend got a colour dog and we would all go round to their parents house and just stare at it.
Kids these days...
And weirdly the waste products left on the paths was either black or white as well.
When I was a child I was convinced that the white ones were laid by poodles.
*Edit* Not a joke, I can't tell you why I jumped to that conclusion.
They wouldn't believe it if you told them....
Course we 'ad it tuff.......
And he was in breach of code 66 – as if he couldn't slow a bike at 5mph enough to keep 18 stones from going over the handlebars, he obviously wasn't being considerate of other users of Acton Greeen Commons' paths.
I'm not 70 but I am 18st (at least) and I can certainly tap out a decent sprint if I feel like it. Unless Rover appeared suddenly from the bushes and dogs were required to be kept on leads and under control he hasn't got a leg to stand on here. Just wait until the Heil hears about it.
No bylaws for Ealing Parks against or for cycling but as they have specific signs stating no bikes in the playground area I assume they are ok with them in the park in general, especially as they have a bike area in the park. They do have specific bylaws for dogs under control although not specifically stating they should all be on leads.
https://www.ealing.gov.uk/info/201132/parks_and_open_spaces/643/park_rul...
https://www.ealing.gov.uk/downloads/download/713/parks_and_open_spaces_b...
From this source:
(1)(ii) No person shall, without reasonable excuse, ride a cycle, except in any part of the ground where there is a right of way for cycles, or along such routes as may by fixed by the Council and indicated by signs placed in conspicious positions on the ground.
If it wasn't a right of way, he's done. If it was, there's a case to be made (depending on the geography of the park) that such play too close to such a path was dangerous for both dogs and riders.
Edit: Looking at the area in question, it's pretty small. This'll almost certainly be thrown out.
Doesn't cover Acton Green Common though it seems.
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