Felony charges against dog owner

[Volant]

It sound like the rider really got messed up, "Pearce suffered a “bruise on her brain, broken collarbone, broken shoulder blade, broken right hand, seven of eight ribs broken on her right side (one rib broken in two places), fractured pelvis in three places, as well as multiple lacerations and abrasions all over her body,” Lane noted in an affidavit."

http://www.timesnews.net/article.php?id=9010874

[William]

The link didn't work for me but it sounds pretty nasty.




William

PS: Is Tom Platz your cousin? ;)

[RABikes2]

The link didn't work for me either ... ?

[fiamme red]

The link didn't work for mehttp://www.tricities.com/tri/news/local/article/sullivan_county_pet_owner_will_face_charges_after_ woman_was_injured_in_bicy/18379/

[William]

http://www.tricities.com/tri/news/local/article/sullivan_county_pet_owner_will_face_charges_after_ woman_was_injured_in_bicy/18379/


Thanks, that one worked. That sucks! I hope the irresponsible owner gets fined big time.

Quite the back and forth going on in the comment section.



William

[RPS]

The idea that irresponsible dog owners should be penalized (other than a token $50) only after their dogs have hurt someone or the owner warned previously (suggesting previous incidences) is ludicrous. IMO the crime is having a loose dog, not having a stupid animal take down a cyclist. Every loose dog’s owner should be treated the same – harshly.

Just dealt with a loose Chow twice last week and not happy about the owner. The moron just doesn't care. :mad:

[BumbleBeeDave]

Quite the back and forth going on in the comment section.
William

Yep, they are really going at each other. I'm having some trouble understanding, though, exactly what penalty this dog owner may face, even if she is charged with a felony. The story refers to a $2500 fine. Is that all? Is there potential jail time? Is the dog confiscated? Destroyed?

Unfortunately with incidents like this it's usually the victim's responsibility to pursue the dog owner through a civil action to try and recoup all the various expenses and damages. That can take literally years and have no certain outcome. I've seen discussions of just such ordeals here and even watched the video of onekgguy's Judge Judy appearance where the dog owner seemed to honestly believe--assuming my memory is correct--that it was onekgguy's fault he got attacked and taken down by the loose dog because he shouldn't have been out riding on the road so far away from home! Here's that one . . .

http://www.youtube.com/watch?v=p12x52UzJsc

Another problem with incidents like this is that we rarely find out about the final disposition of the charges. In a local case the driver was sentenced to prison and we did find out that he served his entire sentence. Check out the right hand column . . .

http://www.davidtryan.com/intro.htm

But in many of these we never find out what finally happened. It would be nice to hear the outcome of his case and whether the dog owner actually does pay any real, meaningful penalty.

BBD

[jhcakilmer]

The idea that irresponsible dog owners should be penalized (other than a token $50) only after their dogs have hurt someone or the owner warned previously (suggesting previous incidences) is ludicrous. IMO the crime is having a loose dog, not having a stupid animal take down a cyclist. Every loose dog’s owner should be treated the same – harshly.

Just dealt with a loose Chow twice last week and not happy about the owner. The moron just doesn't care. :mad:

A facefull of pepper spray will definitely make "most" dogs think twice about chasing you again. Actually, a "well timed" shot of water will make most dogs hessitant enought to allow you ride away without having to go full out (has worked on dogs as small as a pug and as large as full-grown rotty).

[saab2000]

A facefull of pepper spray will definitely make "most" dogs think twice about chasing you again. Actually, a "well timed" shot of water will make most dogs hessitant enought to allow you ride away without having to go full out (has worked on dogs as small as a pug and as large as full-grown rotty).

I shouldn't have to carry pepper spray. Nor is that without risks. You gotta let them get close (something I try to avoid) and you have to risk the wind blowing it back at you.

Dogs that chase cyclists are only superceded in their suckiness by their owners.

[fiamme red]

I shouldn't have to carry pepper spray. Nor is that without risks. You gotta let them get close (something I try to avoid) and you have to risk the wind blowing it back at you.http://www.ashland-gazette.com/site/news.cfm?newsid=20237820&BRD=2712&PAG=461&dept_id=556239&rfi=6#small

[rwsaunders]

I shouldn't have to carry pepper spray. Nor is that without risks. You gotta let them get close (something I try to avoid) and you have to risk the wind blowing it back at you.

Dogs that chase cyclists are only superceded in their suckiness by their owners.

+1. If I have to carry pepper spray, it might as well be a gun.

[redir]

A facefull of pepper spray will definitely make "most" dogs think twice about chasing you again. Actually, a "well timed" shot of water will make most dogs hessitant enought to allow you ride away without having to go full out (has worked on dogs as small as a pug and as large as full-grown rotty).

Or a frame pump to the snout ;)

Of course in most dog accidents riders have no time to react. Happened to a couple of my friends last year fortunately the outcome was good as the dog owner paid up.

[jhcakilmer]

I shouldn't have to carry pepper spray. Nor is that without risks. You gotta let them get close (something I try to avoid) and you have to risk the wind blowing it back at you.

Dogs that chase cyclists are only superceded in their suckiness by their owners.

I don't carry anything, and I've met many dogs, and only a small handful really gave me concern.

When I lived in south lancaster, MA I use to mountain bike on trails a couple miles from the college that I attended, which I rode on average 3 days/week. For the first month, I had to outrun a huge german sheperd everytime. I had to use an access road that ran through "his" property, so I understood that he got excited, but was always very carful to spot him, and make my move. Only had a couple close calls, and definitely developed a good sprint. Anyway, long story short, one day I wasn't paying attention and he caught me.....actually I knew I was going to get caught so I stopped, quickly dismounted, and put the bike between me and him. He ran up, and jump on my, pushed me over and licked my face...........only time since I was 5 that I was incontinent!!! After that I would stop and say hello and he was very friendly, but if I didn't stop he would still chase me.......that's what dogs do....they chase things (cyclist, cars, cats, etc)

Later on I met his owner, and found out that the dog was actually a german sheperd/Giant Alaskan Malamute mix, and weighed in at a very athletic 180lbs....so he was definitely intimidating!

Like other people have said, unfortunately it's not the dog that the problem, but the owner.....most of the time, they just don't spend enough time establishing boundries, basic behavior modifications, and general training.

[Sandy]

I don't carry anything, and I've met many dogs, and only a small handful really gave me concern.

When I lived in south lancaster, MA I use to mountain bike on trails a couple miles from the college that I attended, which I rode on average 3 days/week. For the first month, I had to outrun a huge german sheperd everytime. I had to use an access road that ran through "his" property, so I understood that he got excited, but was always very carful to spot him, and make my move. Only had a couple close calls, and definitely developed a good sprint. Anyway, long story short, one day I wasn't paying attention and he caught me.....actually I knew I was going to get caught so I stopped, quickly dismounted, and put the bike between me and him. He ran up, and jump on my, pushed me over and licked my face...........only time since I was 5 that I was incontinent!!! After that I would stop and say hello and he was very friendly, but if I didn't stop he would still chase me.......that's what dogs do....they chase things (cyclist, cars, cats, etc)

Later on I met his owner, and found out that the dog was actually a german sheperd/Giant Alaskan Malamute mix, and weighed in at a very athletic 180lbs....so he was definitely intimidating!

Like other people have said, unfortunately it's not the dog that the problem, but the owner.....most of the time, they just don't spend enough time establishing boundries, basic behavior modifications, and general training.

I still think the best thing to do when a dog is chasing you is to stop the chase by stopping yourself. Many dogs are in it for the chase. A German Shepherd is an ideal example. It is a herding dog and hearding dogs chase and herd.


Sandy

[Tailwinds]

It sound like the rider really got messed up, "Pearce suffered a “bruise on her brain, broken collarbone, broken shoulder blade, broken right hand, seven of eight ribs broken on her right side (one rib broken in two places), fractured pelvis in three places, as well as multiple lacerations and abrasions all over her body,” Lane noted in an affidavit."

http://www.timesnews.net/article.php?id=9010874

Something like that happened to me almost 6 years ago. It involved 2 stray (?) dogs. They appeared to be owner-less. It was life-altering.

[rePhil]

Sandy,

I agree with you to a point.Stopping often works. But I should not have to stop riding because an iresponsible pet owner refuses to follow the law.



I still think the best thing to do when a dog is chasing you is to stop the chase by stopping yourself. Many dogs are in it for the chase. A German Shepherd is an ideal example. It is a herding dog and hearding dogs chase and herd.


Sandy

[RPS]

A facefull of pepper spray will definitely make "most" dogs think twice about chasing you again. Actually, a "well timed" shot of water will make most dogs hessitant enought to allow you ride away without having to go full out (has worked on dogs as small as a pug and as large as full-grown rotty).If the dog is on a route I do or plan to do often, I prefer to stop and confront him to discourage the habit of chasing. I’ve found that that usually works after a couple of times.

If I see them early enough I stop in advance; or if they come out of someone’s yard behind me I simply outrun them.

This particular black Chow lies in the shade of a ditch making him difficult for me to see until I’m up on him; and I’m not about to try stopping when he’s within a few feet. Next time he comes out I plan to double back to confront him.

Water works but doesn’t seem to have a lasting effect. On group rides I’ve seen dogs get a bath week after week and never give up the chase. On a hot day they may even like it. ;)

[slowgoing]

Sandy,

I agree with you to a point.Stopping often works. But I should not have to stop riding because an iresponsible pet owner refuses to follow the law.

Whether or not you should have to stop riding because an irresponsible pet owner refuses to follow the law is a moot issue when you're being chased. All drivers should have insurance too, but it doesn't always happen. I like the stopping and pepper spray idea. And a bic pen if that doesn't work (bic pens will puncture an aluminum can, let alone most parts of a dog). I'm not going to put my health at risk by trying to ride faster than a dog can run.

Separate and apart from the criminal aspects of this, the rider could sue the owner and go after the homeowner's liability policy, depending on coverage. Often, the carrier will require the owner to take measures to make sure it doesn't happen again, even if it calls for fencing in the dog, or even selling it. Otherwise, coverage will be denied on any future similar claims, in which case the owner is on the hook for all of the injuries.

[rePhil]

Slowgoing,

I agree with you 100%. Stopping is the last thing I think of. Defending myself will always be #1. I'll deal with the law and owner later.

[jeffg]

Sandy,

I agree with you to a point.Stopping often works. But I should not have to stop riding because an irresponsible pet owner refuses to follow the law.

Agree, and it is 100% the owner in my view. I have never had a dog who would chase (even herders such as Bouviers) but then again I have never allowed a dog off lead where they could get off the property.

You can often not tell whether the dog is running alongside and will do nothing, whether it will "herd" and knock you down or actually attack.

I have been fortunate enough to be able to stop each time I have been "chased" and place the bike between myself and the dog. One time I had to clock a threatening dog with a cassette to the face --it should have been the owner ...

[jbrainin]

Riding across the US in fall 2007, I found that Tennessee and South Carolina were exceedingly bad in regards to loose dogs chasing and trying to attack cyclists. In one instance in SC, there was an instance where a chasing dog failed to catch us and was called home by its owner only to be hit and yelled at for failing to catch us.

This summer, here in NJ, a good friend was taken out by one of those little yappy dogs I used to sneer at when being chased by one after the dog first bounced of her husband's bike and into her, somehow getting underfoot causing her to fall and shatter her right wrist. Last time I saw her, she had this medieval contraption sticking out from her skin that was holding her whole wrist together as it mended. At least it was made from titanium.

[Dekonick]

To date, I have found that stopping works. The dog just doesn't know what to do. Remember - once you stop, with a bike between you and the dog, the dog has lost the advantage. You are protected with the bike, bigger than him in appearance, and if you have the correct demeanor will be the alpha. As long as you aren't on the dog's land (ie turf) then they won't defend it the same and will usually back down. With a cell in hand, call the police and in the worst case, (dog won't relent) the PD will shoot the dog.

[Sandy]

Sandy,

I agree with you to a point.Stopping often works. But I should not have to stop riding because an iresponsible pet owner refuses to follow the law.

Please understand what I meant. My point has nothing to do with responsibility. That is an entirely different issue. I was simply saying that I believe it is probably best to simply stop the chase, if at all possible. I always simply stop and clearly and loudly admonish the dog for chasing. Normally, I am petting the dog shortly thereafter (not all the time).

Of course you should not have to stop riding. Never. Irresponsible dog owners are the cause and they should receive your wrath and receive legal penalties, such as substantial fines. It is not the dog's fault. The dog (or dogs) was never trained properly and the owner had no control of their dog or dogs.

I own an American Pit Bull Terrier, which is a breed feared by many, for sound reasons- Overwhelmingly because of grossly irresponsible Pit Bull owners. Many who own the breed simply show almost no responsibility or concern about their dogs and how they interact wih other dogs and people.

I wish more people would go after the owners and that more stringent enforceable laws existed and were implemented for those who are irresponsible dog owners.


Sandy

[dsteady]

When I rode a lot in SW Michigan I had what I called my "Dog Intervals" -- a couple mile stretch of rolling hills that seemed to have a loose dog crouching in the grass at the base of each hill. Most of the time I found that speaking assertively and encouragingly to the dogs took away much of their aggression -- laughing and shouting good dog, etc. A few I squirted with water. Most of them were in it for the chase, and a few seemed to want to just run along side of me for the joy of it.

They were much more predictable than their owners, particularly on "race day" when driving back from the bar with Nascar flags a'flying.

[sokyroadie]

I have found that the most effective way is to time it so that an oncoming vehicle will take out the dog when it blindly starts chasing. It is sad but I am going to start carrying a pistol to handle the problem myself. Just last week I hit a Pit Bull broadside when it ran out in front of me, I barely stayed upright. There is no leash law where I live and talking to the owners is useless. Sorry Sandy, dogs SUCK.

[Viper]

Very sad story, I hope the cyclist is healthy very soon!

The same scenario was in American Flyers.

I carry a Benchmade knife when I leave the house, dogs, felons or fools, it's a weapon that can resolve the issue, quietly:

http://www.benchmade.com/products/product_detail.aspx?model=480

[Sandy]

I have found that the most effective way is to time it so that an oncoming vehicle will take out the dog when it blindly starts chasing. It is sad but I am going to start carrying a pistol to handle the problem myself. Just last week I hit a Pit Bull broadside when it ran out in front of me, I barely stayed upright. There is no leash law where I live and talking to the owners is useless. Sorry Sandy, dogs SUCK.

Sorry Sokyrodie, dogs (and other animals) don't suck. What sucks is the lack of leash laws where you live or at least some laws (probably don't have them either) that dogs must be under adequate control by their owners. It is not the dogs at all but the fact that they are allowed to roam around off leash and get into trouble. If kids have no limits and/or parental control the same would happen to them. How can you expect a dog not do something when it has not been taught what it should do? Especially when some dogs are bred to chase, hunt, or herd.

Go to a local shleter and take out a few dogs to meet. I bet you might change your mind.



Sandy

[northbend]

I shouldn't have to carry pepper spray. Nor is that without risks. You gotta let them get close (something I try to avoid) and you have to risk the wind blowing it back at you.

Dogs that chase cyclists are only superceded in their suckiness by their owners.

It snowed alot between Christmas and New Year's day where I live. Not so good for cycling, I ran nearly every day.

I was attacked and bitten on the arm on Christmas Eve by a Rottweiler while running on a popular trail near my home.

New Years day, I was bitten on the ass by a German Shephard while running in a residental area in town.

In both cases the dogs were off leash, I had purposely slowed down while approaching so I would not appear to be a threat and neither time did I slather myself in bacon grease to warrant any attention.

From now on I'm carrying Pepper Spray (truthfully..) which I won't hesitate to use on the next dog owner if attacked again (just blowing off steam but it would feel good to strike back, wouldn't it?). I love dogs but I've had it with ignorant good for nothing owners who refuse or can't control their dogs.

[WadePatton]

I love dogs. See my pair posing in the avatar.

I live where stopping for dogs would reduce riding to a mile or three each section between stops. The stopping thing also doesn't address the pack that surrounds the cyclist.

I thought I had a pretty good handle on it. Of the 20-30 encounters each moderate length ride, I was fairly familiar with the animals and knew which ones would stay in the yard and which ones would get in the road--and made sport of racing the fast ones. And this worked out for many miles.

But on day last Fall I was merrily racing a blue heeler-just about to grab a gear and drop him (his name is Blue, but he's white) and Blue changed lanes without a signal and took my front end with him. I wasn't broken, but quite scuffed and NEVER have gone down so hard or taken so long to recover. I really feel for those who've suffered broken bones and worse.

My eyes were opened a bit to the true dangers of canine traffic-aggressive or not. Many local riders go armed-some with whistles, others with spray, and the rest with lead. I am also certified to carry firearms and sometimes do.

What I've resolved to do is to write some letters and articles for general publication to help Joe Public understand the laws and liabilities that stem from dangers posed to cyclist by free-roaming dogs. I intend to use incidents like the one in the OP(my state) to help illustrate the danger-as well as the laws and civil responsibilities we each have to the other. It appears that the problem is at its worst in rural areas where newspapers are small and craving content. In defense of the state of TN-there are laws, but enforcement isn't a priority.

[zmudshark]

A small squirt bottle filled with an ammonia solution works well, and is not as dangerous to use.

I am a dog lover, but have been chased a couple of times by pit bulls. I'm not going to stop and confront one, especially if it's loose and maybe blocks from it's owner, who's probably a jerk anyway.

A stern 'No, Stay!' and sprint like all get out is my tactic.

[Sandy]

It snowed alot between Christmas and New Year's day where I live. Not so good for cycling, I ran nearly every day.

I was attacked and bitten on the arm on Christmas Eve by a Rottweiler while running on a popular trail near my home.

New Years day, I was bitten on the ass by a German Shephard while running in a residental area in town.

In both cases the dogs were off leash, I had purposely slowed down while approaching so I would not appear to be a threat and neither time did I slather myself in bacon grease to warrant any attention.

From now on I'm carrying Pepper Spray (truthfully..) which I won't hesitate to use on the next dog owner if attacked again (just blowing off steam but it would feel good to strike back, wouldn't it?). I love dogs but I've had it with ignorant good for nothing owners who refuse or can't control their dogs.

Just happened to see a very short piece about the German Shepherd breed on tv. It was stated that the German Shepherd is number one as far as biting. German Shepherds tend to chase, bite you (or nip) and run. Herding dog influence I guess.

I can easily understand the frustration that one has with dogs that roam and chase, especially when many (or most) of the owners of these dogs just don't care. Unfortunately, sometimes, as in the OP, the results can be very bad.

Sandy

[93legendti]

It snowed alot between Christmas and New Year's day where I live. Not so good for cycling, I ran nearly every day.

I was attacked and bitten on the arm on Christmas Eve by a Rottweiler while running on a popular trail near my home.

New Years day, I was bitten on the ass by a German Shephard while running in a residental area in town.

In both cases the dogs were off leash, I had purposely slowed down while approaching so I would not appear to be a threat and neither time did I slather myself in bacon grease to warrant any attention.

From now on I'm carrying Pepper Spray (truthfully..) which I won't hesitate to use on the next dog owner if attacked again (just blowing off steam but it would feel good to strike back, wouldn't it?). I love dogs but I've had it with ignorant good for nothing owners who refuse or can't control their dogs.

CC has you covered:

http://www.competitivecyclist.com/road-bikes/product-accessories/2009-kimber-pepperblaster-5838.52.1.html?utm_medium=email&utm_source=Email+marketing+software&utm_content=78557253&utm_campaign=Introducing+Kimber+PepperBlaster+Pepp er+Spray+_+djhdz&utm_term=Kimber

[RPS]

This particular black Chow lies in the shade of a ditch making him difficult for me to see until I’m up on him; and I’m not about to try stopping when he’s within a few feet. Next time he comes out I plan to double back to confront him.The weather yesterday afternoon was so great – low 60s and sunny – that I decided to do my normal 40-mile route after lunch instead of using the trainer.

As I approached the area of this mutt again, I slowed way down hoping to see him before he came out. Turns out he was sunning himself on the driveway next to his “home” so I was able to see him from a distance. I thought it was perfect in that it would allow me to give him a lesson about chasing bikes.

The problem was that his owner was also out enjoying the weather – not that I blame him for being outside considering where he lives. As soon as the dog came after me, I stopped and confronted the dog (turns out he’s more hairy mutt than chow) and placed my bike between us. The owner immediately said not to worry that the dog is quite friendly and has never bitten anyone – he just chases as a sport.

Normally I would have unloaded on the owner for letting his dog run loose, but I just couldn’t bring myself to say a nasty word. This poor man seems one very short step away from being homeless; lives in a small dilapidated trailer surrounded by junk, is missing a leg, and rides around on an electric wheelchair. And considering he can’t get much exercise he may not be eating well either because he is quite thin.

It was immediately obvious that he was more interested in talking with me about anything just for the company. He was so pleasant and mild-mannered that it was hard to be tough on the guy for leaving his dog “Doggy” out loose. According to the man he took in the dog as a stray and has been taking care of him. The dog seemed friendly enough – although I didn’t pet him for fear he may not have his shots -- and seems to love his new owner.

On the way home I was figuring the dog may just be territorial and/or is looking out for his master. Or maybe he’s bored stiff and chases for sport. Either way I have a new appreciation – or maybe compassion -- for Doggy and his owner.

[WadePatton]

effing short version

frigid, but had to ride.

neighbor's place three dogs.

got bit.

not serious.

owner said to beat the shiznit outta him. and demonstrated.

_that_ case closed.

[RPS]

owner said to beat the shiznit outta him. and demonstrated.I assume you mean beat the dog? ;)

[Sandy]

effing short version

frigid, but had to ride.

neighbor's place three dogs.

got bit.

not serious.

owner said to beat the shiznit outta him. and demonstrated.

_that_ case closed.


Three dogs often act as a pack and often take on the tendencies of the leader at the time.

The dog was clueless as to why he got beaten.

Sorry you got bit. Please make the owner prove to you that the dog is current on rabies. Not sufficient for him to say so. Make him show you the certificate of rabies vaccination that is current. It will give the date of expiration. Rabies is a fatal disease ( to humans too) caused by a virus. One can simply not take a chance. You might check in your jurisdiction what animal control does with dogs which bite people.


Sandy

[93legendti]

Three dogs often act as a pack and often take on the tendencies of the leader at the time.

The dog was clueless as to why he got beaten.

Sorry you got bit. Please make the owner prove to you that the dog is current on rabies. Not sufficient for him to say so. Make him show you the certificate of rabies vaccination that is current. It will give the date of expiration. Rabies is a fatal disease ( to humans too) caused by a virus. One can simply not take a chance. You might check in your jurisdiction what animal control does with dogs which bite people.


Sandy
http://forums.thepaceline.net/showpost.php?p=626406&postcount=1