Bicycle Accident - Dog Chases Cyclist Causing Crash and Multiple Injuries
The 42-year old plaintiff and his wife were enjoying a weekend bicycle ride in Central Massachusetts when a dog came running out of the defendant’s yard and started chasing the plaintiff. Plaintiff, an experienced bicyclist, attempted to avoid the attacking dog and lost control of his bicycle. Plaintiff crashed his bicycle and was thrown, head-over-heels onto the pavement. As a result of this bicycle crash, plaintiff, a computer scientist, suffered a displaced fracture of the elbow and several broken teeth.
Plaintiff underwent surgery for his right elbow fracture and received a plate and screws to fixate the fracture. The surgical hardware was removed approximately one year later. Plaintiff was left with a surgical scar and essentially full use of the affected arm. He also was required to undergo extensive dental restoration of his broken teeth caused by this bicycle crash. The case settled prior to filing of a law suit.
Liability in this case was based on Massachusetts General Laws c. 140, § 155, which establishes strict liability against the owner of a dog that causes injury to another person. Even though the dog never touched the plaintiff, counsel was able to establish the liability of the owner of the dog, since the dog caused the plaintiff to crash on his bicycle.
For more information on choosing a dog bite or dog attack lawyer, please refer to our page on Personal Injury Caused by a Dog Bite or Dog Attack.