Liability of dog owners, what's the legal position?

[SpannerGeek]

I was just wondering the other day, the legal liability of a dog owner, when it is not on a leash or under control of its owner and causes harm or damage to a cyclist either by A. Attacking the cyclist, or B. Causing the cyclist to crash and injure themselves and/or a third party.

I've been thrown off the bike myself before on a cycle path when a dog ran between my front and rear wheel. Could I have made a legal claim on the dog owners insurance?

Is the dog owner completely liable in this case? Relevant law would be useful here, rather than anecdotal evidence. I've a friend who was chased and subsequently bitten by a dog on a cycle route recently and he would like to take a legal challenge to the owner, if at all possible.

[DaveP]

As I understand it ,dog owners do have a legal responsibility to keep their animals under control. This is usually taken to refer to issues such as biting, worrying livestock and causing traffic accidents etc. but the responsibility isn't restricted to named problems. On the scale of things that, according to the press, dog owners seem to be able to get away with, causing someone to fall off their bike isn't particularly high up
Less cynically, the biggest problem in taking legal action is likely to be lack of evidence and / or witnesses.

[eileithyia]

Agree with above....very hard to prove and get anyone take it seriously. I spoke to Police and CTC legal dept many years ago with little success..... it is illegal to have an uncontrolled dog... but evidence and proof are the clinchers.....

My particular issue was a farm positioned on a hill, going to work was never a problem as i passed the property at speed. Going home meant the dog had chance to be aware of my approach and was in the blocks ready to sprint out after me..... it was pre-strava days sadly or some strava records would have been broken.
In the end I changed my route and used a road that ran roughly parallel, (with a slightly steeper hill to climb )

[tatanab]

In the end I changed my route

I too have roads that I do not ride due to dog problems.

[DaveP]

When going through my fathers effects I found a very dated looking box of .22 blank cartridges, which I passed on to a collector. He informed me that in the early part of the last century it was far from unknown for cyclists and even walkers to carry a blank firing pistol to deter dogs. My grandfather apparently was a keen club cyclist, although I never knew that during his lifetime.
Something else we couldn't do today

[Si]

IIRC There are a bit on dogs in the Q&A bit of Cycle some time back - afraid I can't remember which one but I think they might all be up on line?

[kylecycler]

When going through my fathers effects I found a very dated looking box of .22 blank cartridges, which I passed on to a collector. He informed me that in the early part of the last century it was far from unknown for cyclists and even walkers to carry a blank firing pistol to deter dogs. My grandfather apparently was a keen club cyclist, although I never knew that during his lifetime.
Something else we couldn't do today

In the USA they use pepper spray...

[Flinders]

I think pepper spray is illegal here, isn't it?

If a dog went for me, I'd defend myself. I like dogs, but all the same, if that meant killing the dog, I'd do it. A dog that attacks a human is, by definition out of control, and its next victim might be a child, or someone unable to defend themselves; sometimes even very fit/strong people have been killed by dogs.

If a dog is routinely allowed to chase cyclists, it should be reported to the authorities. In fact, more than one such report that is proven and I think a dog ought to be destroyed.

[Stevek76]

Yes pepper spray/cs is illegal. There are some thick foam/gel staining sprays that exist in a bit of a legal grey area, which is about as close as you can get.

A less legally dubious option would be an air horn, or thinking about it, you could probably rig up one of those ultrasound deterrents on the bars.

[Chat Noir]

Moot point.
I'm cycling through the mountain region north east of Tbilisi in Georgia en route to the Caucasus. We have been warned about the dogs here. We have been confronted and chased by seriously dangerous looking dogs. We have armed ourselves with stones and the threat of throwing has so far put them off. I would agree with the comment that this increases your speed. One shepherd did chase after his 2 dogs as they flew at us (struggling on v steep 'track' ) and they responded but I guess it's part of the tapestry here.

In the UK? I'd be seriously grumpy with someone who's dog barked in a vicious manner or worse, ie where I felt threatened.

Meanwhile it's good to keep in touch on this forum.

[Heltor Chasca]

Moot point.
I'm cycling through the mountain region north east of Tbilisi in Georgia en route to the Caucasus. We have been warned about the dogs here. We have been confronted and chased by seriously dangerous looking dogs. We have armed ourselves with stones and the threat of throwing has so far put them off. I would agree with the comment that this increases your speed. One shepherd did chase after his 2 dogs as they flew at us (struggling on v steep 'track' ) and they responded but I guess it's part of the tapestry here.

In the UK? I'd be seriously grumpy with someone who's dog barked in a vicious manner or worse, ie where I felt threatened.

Meanwhile it's good to keep in touch on this forum.

Good to hear all is good on tour.

Growing up in Afrika, the fake stone throw was normally sufficient. I've tried that here in the UK once or twice. It didn't work because dogs haven't learnt that yet and I had to shout 'No!' which worked. I've just finished a book (Laid Back Around the World - Richard Evans) and he fashioned a light club which he had strapped to his recumbent. Being bitten in the legs is one thing, but the face! See: Reason no. 41 why bents are just sheer madness. [emoji23]

[TrevA]

I used to find the old style full size frame fitting pump was good for fending off dogs before they got close enough to bite. A sharp tap on the snout would send them scampering off. Sadly, modern minuscule pumps are completely useless in this respect.

[thirdcrank]

I'd have to admit that this isn't my pet subject and so I had to pause for thought. It's easy to be barking up the wrong tree but I sniffed out this from the Kennel Club.

https://www.thekennelclub.org.uk/media/8277/law.pdf

Of course, it's targeted at owners rather than anybody with a mutt's fangs in their leg.

There's quite a bit to chew over and it covers all sorts of stuff besides dangerous dogs. It's also fairly general but I think you could use things like the titles of the Acts of Parliament to track down the actual legislation. They also give a number: 01296 318540 so if you need more advice you can use the dog and bone.

[SpannerGeek]

Ah, full length pumps... Happy days! I remember clouting an alsatian in the snout with one of the hefty Zefal ones. It ran off with a squeal. You'd likely be charged with animal cruelty nowadays though

[Bonefishblues]

Small (tiny) cannister of compressed air is completely legal and very effective.

https://www.amazon.co.uk/Company-of-Ani ... B0051GO5WM