How many times as cyclists, especially mtbers have you heard that line from a dog owner while blood runs down your calf after poodles has finished “playing” with you? It’s up there with SMIDSY isn’t it? Well it appears that this comment is an excellent defence in civil law.

As my wife is now learning. Last summer as she rode through a local park which has no prohibitions for cyclists and is frequently full of runners and young kids on bikes, was chased by a particularly vicious looking border collie. She panicked and rode away from the dog, fearing injury. Unfortunately she clipped her bars on some railings and went over the bars, wrecking the forks and front wheel and suffering a fractured elbow. While she was getting the dog owners details the same dog nipped another passing cyclist, biting his shoe which caused no injury.

The dog owner was reported to the Police and he appeared in court where the CPS without consultation decided to prosecute on failing to control a dog in a public place rather than the offence he was reported for, dog dangerously out of control…causing injury. He admitted this offence and was given an order that he keep his dog on a leash on public footpaths for two years.

Some 9 months later, the solicitors that act for CTC, Slater Gordon, state they cannot ensure a successful court case as the propensity for the dog’s behaviour prior to this incident cannot be proven.

This seems to me to be an impossible task. How can a cyclist, in the seconds upon realising that they are about to suffer a nasty infectious wound to the leg, make an informed decision concerning the dogs previous behaviour when it is unknown to the cyclist? How can that cyclist after injury or damage or both, then realistically prove that the dog had previously chased cyclists before? and as such the dog owner knew that to fail to have it on a leash in a park with cyclists around was negligent.

Anyone had any similar experiences or recommend another firm of solicitors?

As my wife is now learning. Last summer as she rode through a local park which has no prohibitions for cyclists and is frequently full of runners and young kids on bikes, was chased by a particularly vicious looking border collie. She panicked and rode away from the dog, fearing injury. Unfortunately she clipped her bars on some railings and went over the bars, wrecking the forks and front wheel and suffering a fractured elbow.

So the dog didn’t bite your wife then? She rode away and crashed her bike?

Has she done that sort of thing before?

I’m a dog person and I got bitten last year. First time in 30 years of mtb riding.

Normally I slow down if there is a dog on the loose, If it looks like a chaser I give it a fuss during which time the owner will get hold of it.

Obviously I read this dog wrong.

During my 30 years riding I’ve been knocked off 4 times, zapped myself on an electric fence ,crashed loads of times due to my own stupidity/ lack of skill.

Dogs are a trail hazard which just need negotiating the same as any other obstacle.

Don’t try and out run one.

Sorry to hear about your wife’s injury ☹ But at least the dog owner was prosecuted. There’s always a tendency to downgrade offences if there’s a doubt the more severe offence is provable.

But on another note can we have a monitorium on “dog bit me” threads. Surely everyone has had their say by now !!

the CPS without consultation decided to prosecute on failing to control a dog in a public place rather than the offence he was reported for, dog dangerously out of control…causing injury. He admitted this offence and was given an order that he keep his dog on a leash on public footpaths for two years.

You do realise that the CPS job is to prosecute in the public interest not pursue the highest possible charge at all costs?  Had they insisted on the higher charge there is a possibility that they would not have got a conviction (either on the dangerously test or the causing injury part).  Had such a conviction been obtained what difference did you expect?

Anyone had any similar experiences or recommend another firm of solicitors?

I’m sure if you are willing to pay cash and risk costs being awarded against you then you will find plenty of PI solicitors who will take on your case.  BUT if you want them to go no win no fee then they need to believe they will almost certainly win.

Whilst the “accident” may not be your wife’s fault it doesn’t automatically follow that the dog owner was at fault either. If I (INAL) was trying to defend it I’d say racing away exacerbated the situation, it’s a park where people walk dogs and your wife could have modified her behaviour according to that risk – just because bikes are permitted doesn’t mean riders are free from risk, (if) the dog has never done anything similar the owner believed that the dog could be kept under verbal control, a careful and competent cyclist would not have clipped the bars.

presumably if ther were previous reports about the same owner Cps would have taken a more robust view, there will be witness evidence about how the dog/owner/wife reacted an impationed assessment of these may have different perspective than the injured party.  If an initial claim has been attempted and any insurer hasn’t caved then there may be no merit to the case.  It doesn’t automatically follow that you crash you come to harm and someone is going to compensate you.1

But on another note can we have a monitorium on “dog bit me” threads.

The dog didn’t  bite the OP…..or his wife. It bit a passing cyclist on the shoe causing no injury and it’s owner was prosecuted accordingly.

The dog didn’t injure anyone.  The OP is aggrieved that he can’t claim compensation from the owner because his wife crashed her bike and injured herself.

That appears to be quite some unsympathetic first couple of replies, considering your wife was injured, the bike was damaged and the subsequent guilty plea.

Some 9 months later, the solicitors that act for CTC, Slater Gordon, state they cannot ensure a successful court case as the propensity for the dog’s behaviour prior to this incident cannot be proven.

Just to be clear, does that mean they’ve refused to sue the owner for damages, despite the previous court case, or just that they are not 100% sure you’ll get any compensation? Poor show if it’s the former, but these no-win no fee types only get paid if it’s found in your favour, so it’s a business consideration for them.

I think BC use a firm called Thompsons or you could use any ambulance chasing lawyer. Generally I’m not a fan of them having had one bunch try a speculative claim on me a couple of years ago, but in your wife’s case fair compensation would seem entirely reasonable to me.

Edit – but clearly not others.

Are you suggesting his wife should not be allowed off the leash in a public place Percy?

I’m suggesting that my dog has, just today, spectacularly failed to bite at least six people.

Should I expect to receive  a High Court writ shortly?

Dogs are a trail hazard which just need negotiating the same as any other obstacle.

No they’re not they’re pets for which the owner is responsible.

If your dog can’t be controlled in a public space then they should be on a lead until you get it properly trained…

How many times as cyclists, especially mtbers have you heard that line from a dog owner while blood runs down your calf

Never, never been bitten. Well apart from the time my mums terrier bit me when a vet shoved a thermometer up its arse…I let that one go, I would have done the same if the tables were turned!

So the dog didn’t bite your wife then? She rode away and crashed her bike?

Has she done that sort of thing before?

So the OP’s wife should’ve stopped and hoped that it wasn’t bitey dog?

https://www.bicycling.com/training/injury-prevention/how-deal-aggressive-dogs-your-ride

I think what grates is that you can take a particular breed of dog that exists to herd animals and is known to be motion sensitive i.e. it will chase bikes and cars, into a park, let it off the leash and when it chases bikes and causes accidents act all surprised. Personally I avoid all parks on my bike now as they appear to be purely dog playgrounds with owners screaming to them wthout effect to stop them chasing you while dodging piles of dog faeces.

Personally I avoid all parks on my bike now as they appear to be purely dog playgrounds with owners screaming to them wthout effect to stop them chasing you while dodging piles of dog faeces.

Some people like that kind of thing though TBF.

It seems to be unique to the dog lovers country that is the UK though. Sister in law is Polish and when she took her young son into local parks was amazed at how many dogs were allowed to roam off the leash. In Poland it is illegal to let a dog off the leash in a park.

This seems to me to be an impossible task. How can a cyclist, in the seconds upon realising that they are about to suffer a nasty infectious wound to the leg, make an informed decision concerning the dogs previous behaviour when it is unknown to the cyclist? How can that cyclist after injury or damage or both, then realistically prove that the dog had previously chased cyclists before? and as such the dog owner knew that to fail to have it on a leash in a park with cyclists around was negligent.

Anyone had any similar experiences or recommend another firm of solicitors?

Why do you need a solicitor? Surly it is just a Police matter unless someone is prosecuted?

Anyhow. Outside a nice pub on the outskirts of Sheffield one day, having a pint outside, our dog was attacked by another.  I immediately tried to separate the dogs and shouted the owner of the other dog to come and do the same, at which point he came and threatened me.

The dog was vicious, as was the owner.  they eventually left after our dog was wounded, still verbally threatening me.  Anyhow we called the Police and they went and had a word with him.  They said the bloke was already known to the Police and the dog had been in trouble before (blame the owner not the dog).

We don’t know what happened and still had to pay a big vets bill for our own dog.

You can tell generally if a dog is nice by looking at the owner.  However regardless of if a dog is aggressive or not, if it starts to chase you, the owner does not have control.

I would be mortified if our dog had chased someone and indirectly caused them to fall off.  However a lot of dog owners just laugh it off.

https://www.gov.uk/control-dog-public

 out-of-control
Your dog is considered dangerously out of control if it:

• injures someone
• makes someone worried that it might injure them

penalties
You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

It’s the crazy free-roaming white-eyed farm dogs that scare the bejeezus out of me. And I like dogs.

Isn’t a session with jedi the standard response for people that can’t ride their bikes quickly without falling over? At least that’s her Christmas gift sorted.

I had a dog run out of someone’s house and bite me last year during the Taunton flyer. Was mostly pissed off with it having bit through my 3/4 length bib shorts.

Really wasn’t sure what to do after it, ended up carrying on and finished the event.

If your bike can’t be controlled in a public space then they should be on stabilizers until you get properly trained……

my dog is always biting my feet when he comes on a ride with me! not all the way round, but at certain times somewhere along the way he will take exception to my fivetens and start growling & attacking them – what is it all about?? it doesn’t hurt, i find it hilarious if anything!

he has never done it to anyone else tho…

he also goes mad whenever i stop to rest/drink/fix something – yaps his friggin head off till were rolling again! doesn’t do that in any other scenario either…. something about bikes

I had a dog run out of someone’s house and bite me last year during the Taunton flyer. Was mostly pissed off with it having bit through my 3/4 length bib shorts.

Really wasn’t sure what to do after it, ended up carrying on and finished the event.

Oh come on.. If you are going to the “I was ravaged by a dog during a 114mile sportive” at least mention it was on a SingleSpeed for the true Chuck Norris effect.

Welcome to our 💩 justice system is all I say to this.

waste of space cps

he also goes mad whenever i stop to rest/drink/fix something

Never take our collie biking, but she does this constantly when she’s along on a ski tour day – it’s like having your own personal trainer giving you a beasting 😀

• makes someone worried that it might injure them

Some people do this irrespective of any actual risk to themselves. It’s not the dog owners fault, nor the dog’s.

It seems to be unique to the dog lovers country that is the UK though.

Nope, happens a fair bit in Spain too.

The real irony here is that, if the OP’s wife ever accidentally runs over a dog in the park with her bike, the dog owners solicitor will be able to establish a clear prior pattern of recklessly crashing bicycles in the park and  will be able  to sue the arse off her.

and  will be able  to sue the arse off her.

Which park did you say it was? I’m a bit bored of the old terrier anyway . . .

Never, never been bitten

I’m sure all the dog owners round where I grew up had never been bitten, “just nipped”.

waste of space cps

The CPS seem to have done a reasonable job – they didn’t think they could prove the higher offence and if the other cyclist had not been injured or rode off, perhaps they couldn’t. You could always launch a private prosecution if you felt it worthwhile.

As for the civil case, I don’t think the “CTC lawyers” are much different to any other ambulance chasers.

The one time I got properly chewed at- didn’t get bitten but only because I booted doggo in the face a load of times- the owner actually said “Watch out, he’ll go for you” immediately before. Which is the equivalent of “Sorry Mate I Did See You But Drove Into You Anyway”

Dogs are a trail hazard which just need negotiating the same as any other obstacle.

I am also a trail hazard but if i ride into you and start biting you who will you blame?