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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
Ah, you're right. I saw Acton Park in the reference list and assumed Acton Green Common to be a subsection of it.
Doing 5mph and going over the bars while being 18 stone? I can understand not stopping in time for the dog, being 18 stone, that'll take a long time to stop, but I doubt he went over the bars, then again, his memory isn't what it once was because of the crash....
Also, if the by-law holds up that he shouldn't have been cycling there in the first place, that'll be the end of the case.
Even if it doesn't, it's hard to see how the case has much merit. I mean, it's a park - you've got to expect there to be dogs, kids, etc. running about and be prepared to look out for and avoid them. What if it had been a squirrel rather than a dog - would he be trying to sue that?
And the dog is a spaniel, no less. The physics don't seem to add up. Especially as he should have had enough situational awareness to apply some braking before the collision. (If he didn't then he he should be sued for injuring the dog, as it seems negligent to be riding on that footpath through a small park without being prepared to stop for kids, etc.)
Where do I get me one of these balls that chases dogs?
It wasn't a dog-chasing ball.
Disappointing. I was looking forward to all the fun I could have terrorising the local mutts as they go walkies past our house.
Going over the bars at 5 mph is pretty good going.
Not being able to stop from 5mph to avoid the dog, not so much.
Exactly. Whenever sharing a path with walkers and/or dogs you should either make a wide detour around them or slow to such a speed that you can stop more or less instantly.
Both dogs and walkers can be highly unpredictable especially when being approached from behind and often wearing headphones or staring into a phone (not the dogs obviously!).
She wasn't on the path. Her argument is she was really far from the path and not throwing the ball at it or near it, the dog knocked it onto the path.
He also states (which she obviously disputes) that he was doing 5mph which is a slightly fast walking pace which to me would be a fine speed if she was on the path and he would have seen the dog as well if she was. But if she was off on the grass area he probably wouldn't have paid much attention as there was a distance between them (if he saw her of course).
My personaly opinion is probably 10 mph because it is actually harder to cycle at walking speed then running speed dependent on bike type /wheel size. However as he wouldn't have had a speedo.....
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