Pepper21 Posted March 5, 2014 Share Posted March 5, 2014 This happened a few years ago, but I had a discussion with someone today that reminded me of it. A lady was walking around an off-leash, unfenced dog park/sports oval. She did this regularly and had a little dog. That day she was wearing some headphones. A Lab and a Rottie were playing quite loudly and roughly nearby. As she walked passed these two dogs (her back to them by this stage), happened to run in her direction and both collided with her legs. I was the only one who saw the whole thing, and the dogs were completely unaware that this woman was there (and vice versa). The lady was lying on the ground and obviously quite hurt. Myself and both dog owners went to see if she was OK. She said she'd hurt her ankle but managed to get up and hobble off. She declined further assistance and appeared to be in shock or quite embarrassed. About 2 months later, I saw this lady again. I asked how she was going and she said she'd broken several bones in her foot, and wanted my help to identify the dogs/owners involved because she wanted to report them and get them to cover costs. She only remembered the Labrador (which I had only seen a few times) and not the Rott (who was there as I was talking to her, and was there daily). I was in a bit of a moral dilemma. I told the injured lady that if I saw the Lab's owner I'd ask for her details and pass them on. I ended up talking to the Rott's owner who appeared quite sorry for what happened, but he didn't think he was responsible. I left the decision with him. I never saw the Lab again. Who do you think is responsible for what happened? Do you think the woman should have been paying more attention? Or that the dogs should have had more observant owners? Should I have been more honest with the lady? I'd heard of a similar situation at the same park where a lady had to have a complete knee reconstruction. She didn't want compensation and said she should have been paying more attention to playing dogs. Link to comment Share on other sites More sharing options...
~Anne~ Posted March 5, 2014 Share Posted March 5, 2014 (edited) As the dogs knocked into her, I feel the dogs owners are responsible. The owners didn't have effective control of their dogs if they came close enough to someone walking through the area to cause injury. Edited March 5, 2014 by ~Anne~ Link to comment Share on other sites More sharing options...
blacklabs Posted March 5, 2014 Share Posted March 5, 2014 That's crazy, she's at a dog park, dogs are going to be playing, ie running around fast ect they accidently ran in to her. Her bad luck she should have been paying attention. Not like the dogs deliberately knocked her down. Link to comment Share on other sites More sharing options...
~Anne~ Posted March 5, 2014 Share Posted March 5, 2014 So if you get run over crossing the road at a crossing it's your fault because you're on a roadway where cars are driven? Link to comment Share on other sites More sharing options...
minimax Posted March 5, 2014 Share Posted March 5, 2014 Did the dogs knock into her or did she run into the dogs? She didn't see them, so really she's just as responsible for the collision. Link to comment Share on other sites More sharing options...
flame ryder Posted March 5, 2014 Share Posted March 5, 2014 It's not like they were aggressive, they were simply playing. It was an accident. I don't think anyone's responsible. Why is it these days someone always wants to blame someone else. Link to comment Share on other sites More sharing options...
~Anne~ Posted March 5, 2014 Share Posted March 5, 2014 They ran into her from behind is what the op said: As she walked passed these two dogs (her back to them by this stage), happened to run in her direction and both collided with her legs. I was the only one who saw the whole thing, and the dogs were completely unaware that this woman was there.... Link to comment Share on other sites More sharing options...
Sabbath Posted March 5, 2014 Share Posted March 5, 2014 It's not like they were aggressive, they were simply playing. It was an accident. I don't think anyone's responsible. Why is it these days someone always wants to blame someone else. Spot on. Link to comment Share on other sites More sharing options...
~Anne~ Posted March 5, 2014 Share Posted March 5, 2014 (edited) What happens if she had permanent injuries that prevented her from working and was forced to live on social security for 25 years? Would it then be deemed appropriate to determine who was responsible? Edited March 5, 2014 by ~Anne~ Link to comment Share on other sites More sharing options...
Danois Posted March 5, 2014 Share Posted March 5, 2014 Pure accident. She had a duty to take responsibility for her own safety and that includes being aware of her surrounds especially in a park. Can't argue that the dogs weren't under effective control - they were engaged in play and unfortunately both she and them ended up in the same space at the same time. My dog knocked someone over when he was younger - he was running at speed with another dog. She walked straight into their path, other dog avoided her but my dog could not stop/ swerve in time. She apologised to us as she said she was not paying attention. This was in a park in an area which was essentially the dog lawn. Link to comment Share on other sites More sharing options...
Florise Posted March 5, 2014 Share Posted March 5, 2014 It was an accident. I don't think anyone's responsible. Why is it these days someone always wants to blame someone else. Agree. Falls under the "shit happens" umbrella. Link to comment Share on other sites More sharing options...
Sabbath Posted March 5, 2014 Share Posted March 5, 2014 What happens if she had permanent injuries that prevented her from working and was forced to live on social security for 25 years? Would it then be deemed appropriate to determine who was responsible? No. Link to comment Share on other sites More sharing options...
~Anne~ Posted March 5, 2014 Share Posted March 5, 2014 I'd like to see someone move out of the way of two large dogs playing, particularly when they are running at you and do not realise you are there. For that matter, I'd like to know how anyone is expected to see behind them. When I walk, I walk looking ahead, not behind. Link to comment Share on other sites More sharing options...
Danois Posted March 5, 2014 Share Posted March 5, 2014 What happens if she had permanent injuries that prevented her from working and was forced to live on social security for 25 years? Would it then be deemed appropriate to determine who was responsible? No. Sometimes accidents happen. To be able to claim she would have to establish that the owners were negligent. Even if she got over those hurdles (which I doubt she would as the legal tests are pretty high) then contributory negligence would be assessed I.e. Her wearing headphones. No doubt the council would also be used as the keeper of the park and enforcer of dog legislation. There would be massive public policy implications of a finding of negligence in these circumstances. Basically it would result in councils removing all off lead areas altogether for fear of being sued. Link to comment Share on other sites More sharing options...
Guest Wildthing Posted March 5, 2014 Share Posted March 5, 2014 (edited) When I go anywhere these days, I am very conscious of what is in front, at the side and behind me. I could be attacked by anything from any direction and would like to be able to give an accurate description to the Police if it was a human who had attacked me. I keep my ears and eyes open - no mobile or headphones. It is not safe anywhere these days in public, so I try and take care of myself at all times. Should I happen to be walking in a dog park or an area where dogs are off lead, I would be particularly careful of where the dogs were in relation to me at all times. Unfortunately, I do not trust any dog owner to have affective control of their dog/s. ETA Personally, I think both parties are at fault in this case as they were both negligent - head phones so distracted and not paying attention to surroundings and dogs not under affective control from their owners. Edited March 5, 2014 by Wildthing Link to comment Share on other sites More sharing options...
korbin13 Posted March 5, 2014 Share Posted March 5, 2014 They wouldn't have a hope in hell of getting any money out of the dog owners, if the dog owners chose not to pay up. Link to comment Share on other sites More sharing options...
Canisbellum Posted March 5, 2014 Share Posted March 5, 2014 So if you get run over crossing the road at a crossing it's your fault because you're on a roadway where cars are driven? Exactly Link to comment Share on other sites More sharing options...
Danois Posted March 5, 2014 Share Posted March 5, 2014 When I go anywhere these days, I am very conscious of what is in front, at the side and behind me. I could be attacked by anything from any direction and would like to be able to give an accurate description to the Police if it was a human who had attacked me. I keep my ears and eyes open - no mobile or headphones. It is not safe anywhere these days in public, so I try and take care of myself at all times. Should I happen to be walking in a dog park or an area where dogs are off lead, I would be particularly careful of where the dogs were in relation to me at all times. Unfortunately, I do not trust any dog owner to have affective control of their dog/s. ETA Personally, I think both parties are at fault in this case as they were both negligent - head phones so distracted and not paying attention to surroundings and dogs not under affective control from their owners. Actually neither are likely to have been negligent. Negligent is a legal term with a very specific meaning. Link to comment Share on other sites More sharing options...
Canisbellum Posted March 5, 2014 Share Posted March 5, 2014 I'd like to see someone move out of the way of two large dogs playing, particularly when they are running at you and do not realise you are there. For that matter, I'd like to know how anyone is expected to see behind them. When I walk, I walk looking ahead, not behind. Maybe it behooves you to take some responsibility and pay attention to the world around you, a windblown tree may be about to fall on you or the zombie apocalypse may be starting you never can tell. Actually I blame her for having headphones on she would have heard the commotion and not traumatized the poor dogs by getting in their way if she wasn't wearing them. Link to comment Share on other sites More sharing options...
Dame Aussie Posted March 5, 2014 Share Posted March 5, 2014 It's not like they were aggressive, they were simply playing. It was an accident. I don't think anyone's responsible. Why is it these days someone always wants to blame someone else. Spot on. Yeah agree Link to comment Share on other sites More sharing options...
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