Bicycle wreck...dog...what would you do?

[indysteel]

I might be the only opposite opinion here but........ Being a dog owner I don't think it would even occur to me to hold the owners of the dog responsible. If the dog ran out and got hit by a car should the owner of the car hold the owners of the dog responsible? Or would the owners of the dog hold the car owner responsible for going too fast to be able to stop in time? If it was a kid who ran out then who would be responsible? Being a bicyclist I feel I have to take some risk and at the same time, responsibility, to keep an eye out for such dangers. I'm constantly scanning to make sure no car doors are opening, kids are running, etc. that might put me or someone else at risk. If it were a deer running out in front of me I wouldn't ask for the deer to compensate me, same thing for a rabbit, raccoon etc. My first thought when you said the woman offered to pay was one of surprise that she was being so nice. Now, if the dog ran out to attack you then I could see how the owners did not have control of a dangerous dog.
Anyway - like I said - I'm probably of the minority here and maybe there is something I'm seeing in the story that would put the entire blame on the dog.

I totally disagree. The blame is not on the dog; it's on the dog owner. Dogs should be restrained AT ALL TIMES--either by a fence or leash. If an owner fails to restrain a dog then, yes, they should be liable for any damages that the dog causes. Yes, we take risks as cyclists, but that doesn't mean others shouldn't be held responsible for any injury we sustain. What if you're hit by a car that was driving negligently? By your logic, the motorist shouldn't be held responsible because you assumed some risk. Surely you don't agree with that.

[Catrin]

I totally disagree. The blame is not on the dog; it's on the dog owner. Dogs should be restrained AT ALL TIMES--either by a fence or leash. If an owner fails to restrain a dog then, yes, they should be liable for any damages that the dog causes. Yes, we take risks as cyclists, but that doesn't mean others shouldn't be held responsible for any injury we sustain. What if you're hit by a car that was driving negligently? By your logic, the motorist shouldn't be held responsible because you assumed some risk. Surely you don't agree with that.

I agree with Indy here, dogs should be restrained and it is the dog owners responsibility to see that happens - for the protection of the community but also for the protection of their pet! While this situation is different than what happened to me in that she wasn't used as a chew toy like I was, but the damage to her and her bike are a consequence of the lack of control of the animal by the owner.

[Roadtrip]

Yes, we always have to be aware of risks, that includes things we might encounter on the road. If this is wildlife, then yes, the rider is taking sole responsibility. In many cities and townships there are very straight forward laws in regard to pets and the owners liability. Liability is a slippery slope that I'm sure we could debate in depth and we'd all have very different opinions come about.

Actually I just read a story about a group of riders were on a night ride, all wearing hi-vis and lights, but a driver ran into the group resulting in fatal injuries. The defense was the riders, all 100 of them, should not have been on the road at night and the driver wasn't responsible for the accident as it was the riders who were in the wrong place at the wrong time. Are the riders at fault because they opted to ride at night with reduced visibility and accepted that risk, even with lights and such, are they 'at fault' and free the driver responsibility?

[Koronin]

I totally disagree. The blame is not on the dog; it's on the dog owner. Dogs should be restrained AT ALL TIMES--either by a fence or leash. If an owner fails to restrain a dog then, yes, they should be liable for any damages that the dog causes. Yes, we take risks as cyclists, but that doesn't mean others shouldn't be held responsible for any injury we sustain. What if you're hit by a car that was driving negligently? By your logic, the motorist shouldn't be held responsible because you assumed some risk. Surely you don't agree with that.

I agree with Indy. Dogs should be restrained 100% of the time. Also if a dog is outside and NOT in a contained area the dog has no business being off leash. The only possible exception is a dog that has 100% voice command recall 100% of the time, which is possible, but not likely.