Posted on behalf of Phillips Law Group on Oct 15, 2013 in Personal Injury
In Central Park, New York, a couple was walking their dog while it crossed the path of a biker causing him to fly through the air and land on his face. The two people are now being charged for tossing the ball over traffic in disregard to the bicyclist who was riding into the dogs path.
This may not have been ruled in favor of the biker if it werent for a similar case last year when a motorist was injured after striking a cow crossing the road. The cow had reportedly escaped from his fenced pasture and wondered into the road where he was struck by a motor vehicle, thus injuring the driver.
Of course, the Court of Appeals did not rule in favor of the injured person, as negligence could not be proven against the farm owners or the escaped cow, nor had the cow shown any signs of vicious tendencies in the past.
This case differs in that the cows owner had no control over the animal crossing the road as it had escaped from its pasture, whereas the dogs owner was controlling the animal as the biker was crossing its path. In no way was the animal misbehaving, it was completely under its owners control, thus the owner was acting in a negligent manner.
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