Running over a Dog

[scblack]

Riding along the pathway at Glebe Point today I passed a young chick sitting next to the water. Then from nowhere runs a Maltese/Silky terrier dog RIGHT IN FRONT OF MY WHEEL. It was not on a leash.

I came within centimetres of squashing the little thing like a bug. It was so small I really would have squashed it. I did not touch the dog due to decent brakes.

Any idea whats the legal situation there?

Is that a legal path to ride? I think it is.

Does the fact it was unleashed make it her problem?

If I squashed the bug, would I have possibly had to replace it?

['Ross]

Very interesting...once I completely flattened one of those sausage dogs (don't know their real name) I mean completely flattened! Accident of course. I too was on a bike path, this annoying mongrel runs up and attempts to bite my leg, I try to kick it off, somehow it gets around the front and I could do nothing. I squashed its whole body (felt like riding over a gutter) then it kinda bounced away. I kept riding and gave the owner a very intense glare as she was completely in the wrong. I am sure the dog sustained some damage, but I didn't hang around to find out.

[Joel O]

it made me chuckle that the biggest issues you raised were legal responsibility and the cost of replacing the dog.

as far as actually answering your questions, i'm no help.

[Arete]

Actually, had you hit it and hurt yourself, IIRC the owner would potentially be liable for your injuries.

I highly doubt that you would have any responsibilites even if you were cycling on an "illegal" path, as both of you would be outside of the law. Kind of like the situation if you have a car accident and both drivers are at fault.

FWIW from someone who's not a lawyer but is related to a few of em.

[red death]

I get this regularly on part of my commute. It's through an area which is very quiet and is actually a pretty good place to have your dog unleashed. I've even had my dogs off lease there.

I love dogs. I'd hate to hit one. But if I did I wouldn't be liable because its not a leash free area & I'm riding on a bike path.

Unless you're on a pedestrian only path I think you're on safe ground here. If the dog caused you to have an accident I think you'll find the owner is liable even. Proving the dog caused you an accident would be another thing entirely...

I just wish the dog owners would restrain 'em when they see me coming so I can maintain my momentum before the big hill.

woof woof :)

[daever]

hmm
Not sure about that one. Was there "no bike" signage on the path or somthing?
One less yapyap dog... - all the better i say. >:D

[Nerf Herder]

Thats what leggin it is for ... never catch ya.

I recall NSW has made it legal to ride on foot paths unless sign posted. This followed a spate of Child accidents in the late 70s or 80s (could be an urban myth). Secondly, the puppy wasn't leashed. Finally, it wasn't a puppy it was a rodent ... your allowed to kill pests.

[TheLunchbox]

http://www.cityofsydney.nsw.gov.au/Residents/Animals/CompanionAnimalsAct.asp

some info taken from the link above!

Pets in the City
Under The Companion Animals Act 1998, cat and dog owners must ensure their pet’s activities do not create problems for the community or the environment.

When in public, dogs must wear an identification disc with the owner’s name and contact number and be controlled on a leash, except in designated off-leash areas.

Signs indicating off-leash areas are at entry points to parks and open spaces, so please check before you enter.

The City supports responsible pet ownership and educates owners in the broader community.

Where owners are not responsible, State legislation imposes the following fines:

Owner’s Action
Fine

Animal not permanently identified (microchipped) $165.00
Animal not registered
$165.00

Dog without collar and tags
$165.00

Dog not on lead in a public place
$220.00

Dog in prohibited place
$330.00

Failure to remove dog droppings
$275.00

Dog harasses, chases or attacks a person or animal $550.00
Failure to comply with control requirements for dangerous or restricted dogs
$1,320.00

Dangerous dog/Restricted dog without collar and name tag $1,320.00
Dangerous dog/Restricted dog not under effective control $1,760.00
Dangerous dog/Restricted dog in a prohibited place $1,760.00
Cat in prohibited places $110.00
Cat not wear identification $110.00
Failure to notify change of address or change of owner $165.00
Failure to take seized animal to pound/shelter $550.00

[red death]

...One less yapyap dog... - all the better i say. >:D

my woof woofs gunning for your avatar :D

[dcrofty]

Very interesting. Glad that the pooch didn't get hurt. I once killed our neighbours dog which jumped out of their ute (again unleashed) and under my car and I felt terrible about it. Still do even.

I suspect that as long as it was a legal bike path then the dogs owner is in the wrong (as long as its not an authorised dog off leash area).

But the road rules also state that the driver of a vehicle must be in control of the vehicle and able to stop in time to avoid collisions. I wonder if that would apply in this case. Good thing that you had your brakes and reactions working.

I personally am also watchful of the retracta leashes as even a dog on a leash can still dart out in front of you.

Was she hot? Were you looking where you should have been? :)

[TheLunchbox]

Was she hot? Were you looking where you should have been? :)

yeah thats all that really matters in this situation :P

[scblack]

Actually, had you hit it and hurt yourself, IIRC the owner would potentially be liable for your injuries.

I felt slack to even ask that question - I had it written out and all, but deleted the line.


Was she hot? Were you looking where you should have been? :)
I ALWAYS look where I should, I am a married man.;) (I look where I think I should - she was quite alright.:))

[Spike-X]

The amount of times I've come close to hitting a dog because of stupid, negligent owners...

My favourite is when they wait until you're nearly on top of them before they call the dog over to them from the other side of the path. You'd swear some people were trying to get their dog run over.

[skivi]

my mum's a doofus and decided to walk the new puppy around the block the other night off the leash, of course the dog knows mum is slack and she can exploit this freedom so sprints around the neighbourhood and then right into the path of an oncoming car. does a few rolls while the car skids to a hault and off runs the dog. mum comes in the front door and tells me the news. on the bike i hop and i'm off hunting the neighbourhood for my puppy whom i strongly suspected would now almost certainly be dead or dying.

she was in the next street, picked up by an elderly couple who thought she must have escaped someone's backyard, completely un-injured and ecstatic with joy at the attention she was getting from such strangers. thank christ she was ok, i had my heart in my mouth riding around the suburb late at night.

lesson learnt: never let a dim-wit walk your dog. also it helps to train a puppy to obey because it wants to please it's owner/family not because it fears punishment, i see this all to often.

[conor.1]

interesting. if the was a case it would be the no leash part of things. other wise do a hop barrie of the dog