Know the rules The Paceline Forum Builder's Spotlight


Go Back   The Paceline Forum > General Discussion

Reply
 
Thread Tools Display Modes
  #46  
Old 06-03-2017, 09:00 PM
pbarry pbarry is offline
Senior Member
 
Join Date: Jan 2013
Posts: 5,379
Quote:
Originally Posted by makoti View Post
If he doesn't file the first report, it won't be.
+1 Contacting animal control is the right thing to do.

Multiple dog owner here. They are always in house/yard or on leash, unless we're in the middle of a 40 acre+ field or in the remote backwoods.
Reply With Quote
  #47  
Old 06-03-2017, 10:17 PM
Peter P. Peter P. is offline
Senior Member
 
Join Date: Mar 2006
Location: Meriden CT
Posts: 7,232
Quote:
Originally Posted by makoti View Post
If he doesn't file the first report, it won't be.
Exactly. There has to be a record of the incident, even if there is no evidence or witnesses. Should other cyclists encounter the same dogs, and file with the ACO, then a pattern will be established. Then the ACO can take action.
Reply With Quote
  #48  
Old 06-04-2017, 07:00 AM
OtayBW OtayBW is offline
Senior Member
 
Join Date: Feb 2008
Location: NoBaltoCo
Posts: 6,152
Yup - I would file a report to Animal Control, but through the local Sherriff. Indicate the fall and damage to the bike, and state your willingness to discuss with the owners. See where that goes. I would not want to engage the owners directly as a first step. My $0.02.
__________________
“A bicycle is not a sofa”
-- Dario Pegoretti
Reply With Quote
  #49  
Old 06-04-2017, 07:40 AM
oldpotatoe's Avatar
oldpotatoe oldpotatoe is offline
Proud Grandpa
 
Join Date: Oct 2009
Location: Republic of Boulder, USA
Posts: 47,038
Quote:
Originally Posted by stephenmarklay View Post
I am fine but I went over the bars and my levers and seat got all boogered up. So I am contemplating visiting the owner and asking him to replace those items.

Another option is to just call the local animal control and press charges.

Or last I can count my blessings and move on with my day?

What says you?
I would visit the owner, let him/her know what happened, say your piece, not ask for $, don't get in their face and then move on. Dogs not controlled are the owners fault, period.
__________________
Chisholm's Custom Wheels
Qui Si Parla Campagnolo
Reply With Quote
  #50  
Old 06-04-2017, 08:40 AM
joosttx's Avatar
joosttx joosttx is offline
Senior Member
 
Join Date: Feb 2010
Location: Larkspur, Ca
Posts: 7,995
Quote:
Originally Posted by radsmd View Post
I am not a lawyer, just my opinion.

There are laws regarding negligent dog owners who allow their dogs to run free or off leash. If the dogs cause an accident while not under the control of the owner, then the owner is indeed liable. The harder question is did the dogs cause you to fall? Based on your description, I would say yes. The owner would be liable.

How do you know the dogs are not dangerous? What if next time they run after a toddler or kid and injures or kill? Is that ok?
One way to look at this which I would assume the dog owner's camp would see it is an experience cyclist, as the OP claims, should not of fallen in the situation. And that the OP "crash" was fabricated for a pay day. Has the OP had a history of suing people for personal injury etc.?

Obviosuly not saying this is the situation. I would be a d&ck to say so. But you have to be a d!ck so you doing the screwing and the not the other way around.

Personally I would just walk away.

At the very most let the dog owner know what happen is a very positive and polite way. And not ask for any money.
__________________
***IG: mttamgrams***

Last edited by joosttx; 06-04-2017 at 08:42 AM.
Reply With Quote
  #51  
Old 06-04-2017, 12:36 PM
dumbod dumbod is offline
Senior Member
 
Join Date: Feb 2008
Location: The Hub
Posts: 423
One not so small question

I'm not for a moment doubting your story but how exactly are you going to prove it?

Any legal action is going to involve burden of proof which is completely on your shoulders. Unless there's something that you've left out, you can't even prove where you fell much less what the cause was. By all means, proceed with action if it makes you feel better but don't expect the law to take any action unless there have been other complaints about the dogs.
__________________
Natural Born Domestique
Reply With Quote
  #52  
Old 06-04-2017, 01:19 PM
happycampyer happycampyer is offline
Senior Member
 
Join Date: Jan 2008
Location: Westchester, NY
Posts: 4,364
Quote:
Originally Posted by dumbod View Post
I'm not for a moment doubting your story but how exactly are you going to prove it?

Any legal action is going to involve burden of proof which is completely on your shoulders. Unless there's something that you've left out, you can't even prove where you fell much less what the cause was. By all means, proceed with action if it makes you feel better but don't expect the law to take any action unless there have been other complaints about the dogs.
Isn't this a catch-22? If everyone who is chased by these dogs comes to the same conclusion, then there will never be any complaints about the dogs. And who knows, there might already be previous reports. And if there isn't a record, at least one is started.
Reply With Quote
  #53  
Old 06-05-2017, 12:00 AM
unterhausen unterhausen is offline
Randomhead
 
Join Date: Dec 2013
Location: Happy Valley, Pennsylvania
Posts: 6,950
I would report. In some states there needs to be multiple reports
Reply With Quote
  #54  
Old 06-06-2017, 09:09 PM
giverdada giverdada is offline
Senior Member
 
Join Date: Jul 2008
Location: toronto, canada
Posts: 905
well this is a tough one. practically a politics-potential for lockdown opinions flaring, but everyone seems to be behaving well enough thus far.

first: super sorry to hear about your incident, and super glad that you're okay.

second: my lady is not okay, has not been okay for months, and all this because almost the same thing happened to her, but she was in a public place, dog charged into her path from bushes on the side, and she hit it at full speed to land on her head and sustain a concussion.

third: we're slowly coming round, as a partnership and a family and she has been amazing throughout the entire arduous ordeal, but i'd go back and undo all of the days from that one just to not have to live this crap again.

dogs are dogs, not humans, and if the sign says put the damn thing on a leash that you can hold onto, keep it on the damn leash! i feel the rage smouldering here so i'll stop, but if we're going to live by life-altering rules, we should follow the life-altering rules or move to somewhere else where the rules are different.

last: what if she killed the dog? she didn't; it yelped and ran away while she lay there becoming a survivor, but what if the dog had sustained damage? vet bills these days would easily beat out her bike bills. (vet bills could not possibly match or outweigh the detriment to quality of life or whatever lawyers call it, but that's another story.) what if your spokes cut off the dog's left nostril and now it can't smell the kibbles and the owner wants to make you pony up for that nostril refacilitation rehab at the pavlovian muttcare facility? i don't know. and i don't think that would be right, but i think humans are distinct from dogs in rights and privileges, and i live in a place where it's slightly less likely for someone to successfully sue mcdonald's for burning themselves with their own damn coffee. whatever the case, i'm glad that your human brain is okay. i wouldn't wish a TBI on anyone.
Reply With Quote
  #55  
Old 06-06-2017, 10:07 PM
stephenmarklay stephenmarklay is offline
Senior Member
 
Join Date: Sep 2009
Location: Spokane WA
Posts: 5,021
Quote:
Originally Posted by giverdada View Post
well this is a tough one. practically a politics-potential for lockdown opinions flaring, but everyone seems to be behaving well enough thus far.

first: super sorry to hear about your incident, and super glad that you're okay.

second: my lady is not okay, has not been okay for months, and all this because almost the same thing happened to her, but she was in a public place, dog charged into her path from bushes on the side, and she hit it at full speed to land on her head and sustain a concussion.

third: we're slowly coming round, as a partnership and a family and she has been amazing throughout the entire arduous ordeal, but i'd go back and undo all of the days from that one just to not have to live this crap again.

dogs are dogs, not humans, and if the sign says put the damn thing on a leash that you can hold onto, keep it on the damn leash! i feel the rage smouldering here so i'll stop, but if we're going to live by life-altering rules, we should follow the life-altering rules or move to somewhere else where the rules are different.

last: what if she killed the dog? she didn't; it yelped and ran away while she lay there becoming a survivor, but what if the dog had sustained damage? vet bills these days would easily beat out her bike bills. (vet bills could not possibly match or outweigh the detriment to quality of life or whatever lawyers call it, but that's another story.) what if your spokes cut off the dog's left nostril and now it can't smell the kibbles and the owner wants to make you pony up for that nostril refacilitation rehab at the pavlovian muttcare facility? i don't know. and i don't think that would be right, but i think humans are distinct from dogs in rights and privileges, and i live in a place where it's slightly less likely for someone to successfully sue mcdonald's for burning themselves with their own damn coffee. whatever the case, i'm glad that your human brain is okay. i wouldn't wish a TBI on anyone.
This is what I meant by should it be different if someone gets hurt or not? Fundamentally I don’t think so. At least in as much as what the owners responsibility is.

I am so sorry about your wife. I wish her a speedy and full recovery.
Reply With Quote
  #56  
Old 06-06-2017, 10:36 PM
onekgguy's Avatar
onekgguy onekgguy is offline
Retired!
 
Join Date: Apr 2006
Location: Lakeville, MN
Posts: 1,608
FWIW, this was my experience awhile back.



Kevin g
__________________
Say What?
Reply With Quote
  #57  
Old 06-07-2017, 05:24 AM
moose8 moose8 is offline
Senior Member
 
Join Date: Feb 2010
Posts: 1,313
Quote:
Originally Posted by onekgguy View Post
FWIW, this was my experience awhile back.



Kevin g
I enjoyed watching that - did they actually end up paying in the end?

To the OP for what it's worth I'd report it simply so there is a record of some sort so when it happens to the next guy and results in something serious they can't say they didn't know. Talking to them might work too, but a lot of times people get super defensive or aggressive and may not be worth it. I wouldn't bother asking for reimbursement but you could let them know what happened and if they are stand up people they may offer. But seeking it otherwise will not be worth the hassle.
Reply With Quote
  #58  
Old 06-07-2017, 06:53 AM
onekgguy's Avatar
onekgguy onekgguy is offline
Retired!
 
Join Date: Apr 2006
Location: Lakeville, MN
Posts: 1,608
Quote:
Originally Posted by moose8 View Post
I enjoyed watching that - did they actually end up paying in the end?

To the OP for what it's worth I'd report it simply so there is a record of some sort so when it happens to the next guy and results in something serious they can't say they didn't know. Talking to them might work too, but a lot of times people get super defensive or aggressive and may not be worth it. I wouldn't bother asking for reimbursement but you could let them know what happened and if they are stand up people they may offer. But seeking it otherwise will not be worth the hassle.
Yes, I received a check for the amount of the judgement less than a week after taping the show. The show actually pays the award. It costs the defendants nothing other than some public humiliation.

Kevin g

Sent from my Pixel XL using Tapatalk
__________________
Say What?
Reply With Quote
  #59  
Old 06-07-2017, 07:32 AM
chiasticon chiasticon is offline
Senior Member
 
Join Date: Apr 2014
Location: northeast ohio
Posts: 3,548
Quote:
Originally Posted by oldpotatoe View Post
I would visit the owner, let him/her know what happened, say your piece, not ask for $, don't get in their face and then move on. Dogs not controlled are the owners fault, period.
this. at this point, you have no way of proving what even happened if you decided to file a report. so why bother? had you confronted them right away and the owner's response is "f*ck you, get off my property" (which it might be, never know) then I'd say file a report. way too late for that now.

dog encounters suck. glad you're OK overall and that it wasn't worse.

I swear, it's always when you're on a hill or otherwise gassed when they strike, right?
Reply With Quote
  #60  
Old 06-07-2017, 07:35 AM
giverdada giverdada is offline
Senior Member
 
Join Date: Jul 2008
Location: toronto, canada
Posts: 905
good on you. that was great to see some kind of legal understanding of the plight of cyclists, and a public airing of the stupidity of animal owners who can't own up to the responsibility of their (in)action. ugh. just rode past an offleash dog on the way to work this morning, owner summoned it with treats (in a public park, next to the 'owners must have dogs on leash' sign), held its collar, then I hear the man yelling, 'Toby! Toby come back here!'. Effin idiots. Ground my teeth and went slowly on my way.
Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 10:02 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.