On 16/5/13 13:10, Syd Rumpo wrote:
> No, I don't mean my bike is knocked off. I have the receipts.
>
> Anyway, yesterday evening I was proceeding in an easterly direction
> along by the Thames at
http://goo.gl/maps/FTCrz which as ani fule kno is
> a few yards east of a canoe club outside Reading. I was on an asphalt
> cycle path through a grassy meadow.
>
> A large dog which was gambolling with another nearby suddenly darted
> under my front wheel causing me to fall off, and I sustained minor cuts
> and bruises. My bike now has a front wheel with a right-angle bend in
> it and the rim is split. It's a cheap but serviceable B'twin bike.
>
> The dog's owner gave me her details.
>
> Her partner then proceeded to blame me saying that it wasn't a cycle
> path. It is: that's what the blue sign with the little white bicycle
> means. He claimed there was a 4mph limit. It's national cycle route
> number 4 and that's what the '4' on the sign means. He said the sign
> says slow down. It says 'Slow down canoes crossing' for the benefit of
> those going the opposite way towards the boathouse. He claimed I was
> going 'too fast'. I would guess 10mph or so, enjoying the air. He
> couldn't give me a lift the 2 miles home in his land rover as he was
> going the wrong way. All the time holding a small child rather like a
> human shield. He was an argumentative idiot.
>
> SWMBO obliged by picking me up.
>
> This incident was in no way whatsoever my fault. Not even slightly.
>
> The dog owners were with another couple plus one infant in two cars
> whose numbers I have. If the partner had been reasonable and admitted
> responsibility I'd probably not take it any further and trust them to
> pay for a new wheel which I'd fit. However, given his attitude, and the
> lack of other witnesses, I'm a bit concerned they might collude and
> concoct some or other story, so I called 101 (useless bunch) who advised
> me to report it to the rozzers at the local nick tomorrow.
>
> I've done this, (at 999 Letsby Avenue - Beano circa 1960) and have a
> number from them. So now I write to the dog owner and claim for 1
> wheel, my time fetching and fitting the wheel (I work for myself) and
> SWMBO's time for picking me up. Still under a ton.
>
> Is that reasonable?
>
> Cheers
I disagree with much of the advice that you have been given.
I think there is a reasonable chance that a court would find the keeper
of the dog liable. You have an *arguable* case that the keeper was
negligent in failing to keep the dog under control. Although it could go
either way, you really have nothing to lose by writing to the owners to
make a claim, suggesting that they pass your letter to their household
contents insurers who might cover a claim of this sort, and if necessary
suing in the County Court using Money Claim Online, whereupon the case
would almost certainly be allocated to the Small Claims track. In that
event neither side can claim legal costs other than court fees and a
small amount towards witness expenses. The prospect of an approaching
court case is likely to result in a settlement offer.
As to the amount you can claim, the best option would be to get a repair
estimate from a bike shop and claim that figure. You are under no
obligation to use the compensation award to pay a repair man. You can
keep the money and repair the bike yourself. If you have already
repaired the bike I think a court would award you something for your
time in addition to the materials.
A previous decision of a county court judge is not something you can
actually cite as a precedent, but is a pointer to the way a case is
likely to go, admittedly without knowing all the facts... and note that
in the case mentioned below, liability was admitted so we don't know
what arguments *could* have been put forward by the defendant. On a
pragmatic basis, though, nobody is likely to spend time and money
devising legal arguments if the sum at stake is only a couple of
thousand quid. Note in passing that, controversially, the judge didn't
think that failure to wear a cycle helmet could amount to contributory
negligence.
Swinton v Annabel's (Berkeley Square) Ltd
The claimant (C) brought an action against the defendant dog walking
company (D) for damages for personal injury sustained when a dog being
walked by D's representative ran into the path of C knocking him off his
bicycle. C had been cycling along the outer carriage drive of Battersea
Park in London when the collision happened. D admitted liability, but
alleged contributory negligence for C's failure to wear a cycle helmet.
D claimed that C should have worn a helmet as advised by the Highway
Code and that his reason for not doing so, namely that he would have
felt silly, was not a good one, Froom v Butcher [1976] Q.B. 286, [1975]
C.L.Y. 2295 (»»digest) cited. C argued that contributory negligence was
inappropriate on the facts. Alternatively, that any reduction should be
small as it was less blameworthy not to wear a cycle helmet as compared
to a seat belt given that it was not a legal requirement.
Held, granting judgment for the C, that there was no contributory
negligence on C's part in not wearing a cycle helmet. Whilst it was
recommended by the Highway Code, it was not a legal requirement. The
public campaign for the wearing of cycle helmets had not reached a level
comparable to that for the wearing of seat belts at the time that Froom
was decided, Froom distinguished. There was no plan to make cycle
helmets compulsory. C was an experienced cyclist who for several years
had been cycling in the confined and sanitised environment of Battersea
Park, away from the traffic. To wear a cycle helmet would have been over
cautious, although it might have been different had the accident taken
place on the road. Alternatively, as contributory negligence would only
affect that part of the general damages relating to the head injury,
agreed to be only a few hundred pounds at most, any deduction for
contributory negligence of 10 or 15 per cent would have reduced the
damages by only GBP 20 or GBP 30. As that was a de minimis reduction,
the court would have refused to make it in any event.
Court: (CC (Lambeth)) County Court (Lambeth)
Judge: Judge Cox
Judgment date: July 8, 2004