Of all places, Woman’s Day magazine did an article about some cool artists… featuring… The Bike! You can check it out here… some of the pix are posted below!
Steve Magas is Ohio's Bike Lawyer. He has written about Ohio Bike Laws, bike crashes, bicycle advocacy and court cases for some 30 years. Soon we'll be adding a series of features about your favorite Ohio bike shops.
Of all places, Woman’s Day magazine did an article about some cool artists… featuring… The Bike! You can check it out here… some of the pix are posted below!
Check out this article in Cycling News. You’d think racers… on a closed course… fighting for the lead at the end of a race … would NOT be hassled by cars right? Not so… you can click the link here or read on below!
Gustav Larsson (Saxo Bank)Borrajo hit by car in Missouri TT
Dangerous driving from event vehicles caused two race altering incidents at the Tour of Missouri stage five time trial today, including one rider who was hit by a car. Colavita-Sutter Home’s Anibal Borrajo bore the brunt of the two incidents, when he was hit by an event VIP car driving on course during the final two kilometres of his time trial. He was bumped off the road and into the grass, sustaining minor road rash.
“It was an organisation car,” Borrajo said. “I went to take the corner on the inside and the car was in front of me. Before the turn I waved at them to move. I don’t know if they saw me. I was faster and I cut the right hand turn on the inside but she did the same as me and hit me. The girl in the car stopped and asked me if I was OK and I told her yes.”
He broke his front wheel in the accident, but making matters worse he had no team chase car and neutral support was nowhere in sight. He waited nearly 10 minutes at the side of the road until the Columbia- HTC team car approached. The car stopped to assist Borrajo so that he could ride back to the finish line.
“After, the Columbia car stopped and gave me a wheel,” he continued. “I want to say thanks to them for helping me.”
The second incident happened during Gustav Larsson’s time trial. All eyes were on the Swedish time trial specialist as one of the favourites to win the event. However two lead motorcycles slowed down and stopped inside a right-hand turn with three kilometres remaining. Larsson braked hard and narrowly avoided hitting one of the motorcycles. He built his speed back up, only to run into the same two motorcycles in the next corner forcing him to come to a stop a second time.
“It was so annoying that they didn’t see me and it happened twice in the last few kilometres,” said Larsson, who thinks he lost approximately 15 seconds due to the traffic. “You know you lose a lot of momentum and power because you have to stop and start and I was so close to crashing both times. I was full on braking and skidding with my back wheel going sideways just to not hit it, but I was so close.
“It was really annoying that they didn’t see me and that they didn’t move after the first time,” he added. “After the first time you think they would actually move out and make room for the second corner but it happened again – it’s really annoying.”
Despite the two incidents on the time trial course today all 115 riders will start stage six tomorrow, a 177-kilometre road race beginning in Chillicothe and ending in St. Joseph. Larsson finished 30 seconds behind stage winner David Zabriskie (Garmin-Slipstream) and is currently in second place overall.
Borrajo finished his time trial in 46’05” and fell outside of the 25-percent time cut rule. Given the nature of his accident, race officials did not enforce the time cut, allowing him to start stage six.
Many cyclists oppose helmet laws. I am certainly one. Without going into the whole debate here, I just don’t like the “gummint” telling me what type of HAT to wear when I chose to become a legitimate user of the public roadways. No one tells a motorist that she/he has to wear a Kevlar suit or a helmet and there are 30,000+ motorists and passengers killed each year and far less than 1000 cyclists.
Here’s a cartoon from Yehuda Moon which gives one perspective…
I love that line – It’s a CAR problem… why make cyclists fix it with a Styrofoam hat???
Steve Magas
The Bike Lawyer
Nothing like something unusual to make your day!
Click here to see the amazing video of 16 Chinese acrobats performing a bicycle routine that’ll blow you away! I have a hard enough time riding in circles on my own bike, let alone with 15 of my closest friends hanging on!
Steve Magas
Ghost bikes are sad memorials for cyclists killed on the roadways. They are bicycles painted completely white and mounted at the scene of a fatality. They serve as a somber reminder that a tragedy occurred and a statement that WE are HERE and we are not going away!
http://www.ghostbikes.org/ is the website which details and chronicles ghost bikes. They started in 2003 in St.Louis but now, just a few years later, they have appeared in 90 countries around the world and in virtually all 50 states. We have certainly had our share in Ohio, and in Cincinnati, sadly.
The photo below was taken at the Ghost Bike ceremony for Terry Walker and Amy Gehring, two well-known Cincinnati cyclists killed by a drunk, high motorist driving on a suspended license. That motorist, Anthony Gerike, is now serving a 16 year sentence for aggravated vehicular homicide.
In Pike County, justice was not so easily served. In 2008, a cyclist was killed for the first time on TOSRV – The Tour of the Scioto River Valley. TOSRV is the mother of all the “acronym” rides and has been on cyclists’ Mother’s Day weekend To Do list since 1962. The cyclist, William Crowley, was a physician, a regular rider of TOSRV and an experienced cyclist. He was also a big, tall guy who was hard to miss as he rode his pink Schwinn Paramount.
Sarah Bender “missed” him though. She was driving her SUV northbound on State Route 23 and she “missed him.” You see, Dr. Crowley was pedaling northbound, along the right side of the roadway. Sarah Bender clobbered him from behind. The impact of the car into the bike and rider was incredibly violent. Dr. Crowley’s body slid up onto the SUV and smashed into the windshield. Sarah Bender… well, she just kept on going – all the way to her house, where she put that smashed up car in her garage. A little later she got into another car and drove back to the scene. Others had already found Dr. Crowley, dead in the grass.
Sarah Bender told Ohio State Patrol troopers that she thought she “hit a sign.” She gave State Troopers that age-old excuse of “I didn’t see him.” She was charged with a felony. However, the jury made a special finding that her leaving the scene “did not cause” the death of Dr. Crowley so the charge was reduced to a 1st degree misdemeanor.
I had a chance to speak with Dr. Crowley’s widow who came to Ohio from Michigan for the trial. She said the entire atmosphere of the case had a very “My Cousin Vinny” feel to it, except that SHE was the outsider and the defendant, Sarah Bender, was in the “In” crowd. Friends of the defendant were holding vigils in the parking lot and TOSRV, it seems is not liked by those in the area. The thousands of cyclists who pedal through each year clog up the roads, slow down other “traffic” and otherwise behave like cyclists. She was very disappointed with the jury’s verdict, to say the least…
Under Ohio law, a person has exactly the same right to operate a bicycle on the roadway as she/he does to operate a car, truck, bus, motorcycle, buggy, or other “vehicle.” Bicycles are unique, though, in that they are small, light, quick and maneuverable. When we try to look at the data from a crash and figure out what happened when a bicycle is involved in the crash, sometimes special skills are needed. One might have to call a San Antonio car accident lawyer in personal injury cases.
I have used special “bicycle accident reconstruction” experts and Riverside personal injury attorneys in certain cases. Such a person has a background in engineering and accident reconstruction, but also has logged many miles on a bicycle and understands the risks, dangers and joys of riding a bike on the road. Go to Atlanta motorcycle accident lawyers to get some advice on what has to be done.
As a contributing author to that epic tome, “Bicycle Accident Reconstruction and Litigation” I got to know the main author, James Green, pretty well. Jim is a former Ironman participant and engineering expert with a passion for putting bike cases together. In addition to Accident Reports North Dakota getting up to swim umpteen miles at 5am, Jim is a martial arts expert who applies his 40 years of martial arts training to the discipline of accident reconstruction. You can read about Jim’s practice at www.bikereconstruction.com.
Just going to the crash scene with a guy like Jim is an experience as he immediately “sees” things you don’t see… the slopes, the gravel, the little nuances of a scene that help us trial lawyers understand what REALLY happened in the crash. Once he puts it together he can also “do the math” – the REAL math, the kind of math the old math majors like me LOVE to see… using the angles and the forces to map out what really happened… How DID the wheel get bent like that? Why did the frame break apart?
Using accident reconstruction experts in the proper case is just one of the ways we maximize the value of YOUR claim. Contact Steven Magas Attorney At Law by email on our CONTACT page, or by phone at 513-484-BIKE.
Now, get out there and RIDE!!
Steve Magas
In 2008 I was asked to contribute an article for the Cyclists Yellow Pages, published by Adventure Cycling. I wrote “The BLS” [Boring Legal Stuff] for the Touring Cyclist. It covers a bunch of NON-cycling legal issues that every rider needs to think about! I’ve republished the article below!
Enjoy!
Steve Magas
—————– ——————– ——————– —————–
By Steven M. Magas, The Bike Lawyer[2]
Can’t you just picture it – maps laid out, clothes folded ready to be loaded into waiting panniers, bike all tuned up, the smell of Teflon floating about the room. The last thing on the touring cyclist’s mind as he/she goes through the Pre-Trip Checklist is the BLS. Unfortunately, failure to consider the BLS of Insurance and Estate Planning can end up costing the touring cyclist time, money and the safety and peace of mind of his family!
PART I – INSURANCE ISSUES for the TOURING CYCLIST
Insurance? You don’t need to worry about no stinkin’ insurance, right? You’re driving a BIKE for two weeks, not a car … what can POSSIBLY happen? [For this part of the article, let’s assume you are staying inside the United States – things REALLY get crazy in the insurance world when you cross sovereign borders!]
Health Insurance
First, and foremost, before you leave the house make sure you are carrying all of your health insurance information. Keep it close at hand – better yet, pack your insurance card, or a copy, in a small [2”x3”] baggie with a copy of your ID, emergency contact information and list of medical allergies. Store this on your person – or in your helmet!
If you are hurt on the road, unable to communicate and need emergency care or serious medical intervention you do NOT want healthcare professionals wondering who you are, who to contact and whether or not you’ve got health insurance!
WARNING: While I have not yet seen this in my “bicycle law” practice, I have learned from my “motorcycle law” practice that some health insurers are limiting the benefits they provide if an insured is injured while riding a motorcycle or engaging in certain other “hazardous sports.” As you might expect, motorcycle groups are up in arms and preparing to do battle. However, under insurance policies in force right now, a motorcyclist can hit by a DRUNK driver and have NO health insurance coverage! If insurers find this effective, you can BET they will apply the concept to cycling very soon! A bill is currently pending in Congress to stop this practice.
Homeowner’s Insurance – Say WHAT?
If you are negligent and ride into a car, a person or anther cyclist your HOMEOWNER’s insurance can provide liability coverage to pay the claim! If you are going on an extended trip, take your agent’s phone number and your policy number. If someone claims YOU did something wrong, causing them loss, damage or injury, you will need to file a claim right away!
Auto Insurance – Medical Payments Coverage
Why would you need to take information about your automobile insurance policy on a 3 week bike ride? If you are injured in a crash with a motor vehicle you may find some financial assistance buried within your automobile insurance policy!
Your auto insurance may provide “medical payments” coverage. This coverage pays YOUR medical bills if you are in a crash with a car.
WARNING: Recently, I came across the first automobile insurance policy I have seen which specifically LIMITS “medical payments” coverage and EXCLUDES paying medical bills if you are hit by a car while riding your bike! You may want to ask your agent if you are covered in such a scenario. If the agent says “Yes” then IMMEDIATELY fax or email a letter to the agent [and keep a copy] restating your question and the answer and thanking him for his advice. Even if the agent is wrong, your letter/email may serve to extend coverage as an agent’s statements about the extent of coverage may bind the insurer.
Auto Insurance – Uninsured/Underinsured Motorist Coverage
The “uninsured” [UM] part of this is obvious. If you are struck by motorist who simply has no insurance, your UM coverage should pay your injury claim just as if it was the motorist’s coverage even though you are on your bike.
The “underinsured” [UIM] may not be so obvious. If the motorist who hit you has “some” coverage, but not enough to pay the full value of your claim, your policy’s “UIM” coverage may be used to pay more towards your claim depending on your policy limits.
I advise my cycling clients to buy as much “UM/UIM” coverage as they can afford. It protects YOU in the event you are injured by an errant motorist.
Are you carrying an Umbrella?
Do you carry any type of excess or umbrella insurance? These types of policies are designed to fit over the top of all other policies and only come into play when all other available insurance is used up and you still have losses. An umbrella policy is usually written with large policy limits – $500,000.00 or more. I advise ALL bike riding clients to consider an umbrella policy. These are typically very inexpensive policies and, in that once-in-a-lifetime situation, can save your financial life!
Real Life Insurance Example
My client, a physician who rides all the time, suffered a dangerous neck fracture in a crash caused by a motorist. The motorist carried Ohio’s state minimum auto coverage – $12,500.00. The client’s medical bills were in excess of $80,000.00and his wage loss was over $40,000.00.
Fortunately, the cyclist had $300,000.00 “underinsured motorist” coverage and $10,000.00 in “medical payments” coverage. We used the medical payments coverage to cover the “co-pays” for his surgery and other treatment. He also maintained an excellent disability insurance policy that kept him afloat financially while he was off work. Finally, he had an umbrella policy with $1.0 million limits. Since the value of his claim exceeded the $300,000.00 “UM/UIM” limits, his “umbrella” was available to pay the balance. From an insurance perspective, he was well-prepared for the “once-in-a-lifetime event” that came out of the blue!
PART II – ESTATE PLANNING FOR THE TOURING CYCLIST
Why does the bicyclist need to worry about “Estate Planning?” What the heck IS “Estate Planning” anyway? Sounds rather vague and morbid – something for rich people!
“Estate Planning” for most of us [us NON-millionaires, that is] generally consists of having a will prepared, as well as possibly a trust. Even more important for the bicyclist, “advanced directives” should also be prepared.
Most people want their estate plan to provide financially for their surviving spouse, protect their assets, insure that their children are physically and financially cared for, minimize cost & taxes, and “avoid probate.” Other goals may include providing for children of a prior marriage, making sure that business interests are taken care of, providing liquidity to pay bills and taxes and avoiding family conflict and strife! “Advanced directives” are prepared in case you become unconscious or unable to make your own decisions.
Here’s a little “12-Step” program for getting the BLS of Estate Planning done in YOUR life!
1.Have a will prepared.
2.Consider whether a trust is necessary.
3.Have health care directives prepared.
4.Execute a financial power of attorney.
5.Protect your children’s property.
6.File beneficiary forms.
7.Consider life insurance.
8.Understand estate taxes.
9.Cover funeral expenses.
10. Make final arrangements.
11. Protect your business.
12. Store your documents.
YOUR WILL & TRUST
I think many adults fear “making a will” more than death or dealing with a life insurance agent! The thought of talking about “end of life” issues scares many people and prevents them from getting their will done. However, the legal effect of NOT dealing with these issues should scare you even more!
Everybody Needs a Will
In a will, you state who you want to inherit your property. You also name a guardian to care for your young children should something happen to you and the other parent. If you have minor children you should have a will – no question about it – you are committing “Parental Malpractice” if you don’t!
Each state has a law that tells you who gets your stuff if you die without a will. Typically, the Probate Court Judge determines who will take care of your children until they are 18 years old! Without a will, most state laws give your young children possession of your entire estate, including all life insurance proceeds and such, at age18. Failure to have a will or trust prepared can cause your estate to incur taxes of expenses which could be avoided. If you fail to follow these rules exactly, your wishes may be ignored by the Court.
Trusts: Not Just For Millionaires
A Trust is also a legal document. In one simple form, a trust can hold your assets until your children reach an age at which you feel they can handle the assets with appropriate care. Giving the proceeds of a half-million dollar life insurance policy to a newly turned 18 year old is a scary thought!
Trusts can be very simple or very complex and can be extremely diverse in what they do. Discuss whether a trust is right for your situation with your estate planning professional!
POWERS OF ATTORNEY
What are POA’s?
A Power of Attorney [“POA”] is a legal document that gives someone ELSE the power to make decisions for you when you cannot. POA’s are of CRITICAL importance to the bicyclist
Financial POA
A financial POA, gives the person of your choice the power to access your bank accounts, pay your bills or do anything else financially that YOU could do.
The financial POA must be signed when you are competent. If a crash renders you unable to make financial decisions, it is too late to create a POA – your assets may be frozen, unavailable to your spouse or family, and your bills might go unpaid or your credit could be damaged.
The Schiavo Case & “Advanced Directives” in Estate Planning
The Terry Schiavo case was a real medical and legal wake-up call for many Americans. Terry Schiavo was a young woman in a coma. She was not “terminal” but had never prepared written instructions advising health care providers how she wanted to be treated. The public battle between her husband and her parents caused many states to pass laws permitting or formalizing such “advanced directives.”
A “Power of Attorney for Health Care” is a legal document that authorizes another person of your choosing to make health care decisions for you if you are unable to make informed decisions on your own. A “Living Will” is a document that contains your written wishes and instructions for care at the end of life. You can state your preferences regarding aggressive life-prolonging treatment.
Your should definitely have these “advanced directives” in your estate planning package!
SUMMARY
Every touring cyclist needs to consider the BLS right away! Pack your insurance and emergency contact information in your panniers, as well as copies of your will & advanced directives, for any extended cycling trip. I guarantee that you will sleep better in that hot, sticky tent you set up in rain!
Good Luck & Good Riding!
[2] Steve. Magas is an avid Ohio cyclist and trial lawyer whose practice focuses on protecting the rights of riders. Steve has handled more than “bike cases” ranging from traffic tickets and crashes involving minor injuries to complex products liability cases and crashes leading to brain injury or death. Steve writes regularly on legal issues relating to cycling and has lobbied for cycling issues at the local, state and national level. Steve’s unique “Bike Law” practice has been featured nationally in Lawyer’s Weekly USA, and locally Cincy Business magazine, Cincinnati magazine and the Cincinnati Post.
We are down in beautiful Panama City Beach enjoying some sun and family fun!
HAVE FUN!! Get Riding!
I hope you never need to implement any of these tips, but it always helps to be prepared. Good Luck and Good Riding!
Dogs are said to be man’s best friend,
I’ll grant you all that much…
It’s just hard for me to call him “Pal”
While he has my calf for lunch!
I love dogs… I’ve got two mutts which together constitute roughly 150 pounds of sniffing, drooling, chewing, running, barking energy. However, dogs continue to be a huge problem for Ohio riders, particularly in our rapidly changing “rural” counties.
What are Ohio’s “dog laws?” Is there a state-wide “leash law?” What is the so-called “One Bite Rule?”Who do you complain to about dog problems? How far can you go to protect yourself if you are attacked by a dog while riding your bike? What can your local club do help to protect ALL riders? What are your rights if you get hurt?
Ohio Chapter 955 of the Ohio Revised Code is aptly titled, “DOGS.” Most of the statewide statutes governing dogs in Ohio are covered here, or in the case law that has developed when courts try to interpret those laws.
EVERY dog in the State of Ohio that is “more than three months of age” must be registered in the county in which the dog is kept, owned or harbored. Tags are to be issued and must be worn. Failure to buy the tag or have the dog wear it renders the dog subject to “impoundment, sale or destruction” and can lead to a fine of up to $75 in some counties.
There is no statewide “leash law” in Ohio, per se. However, Ohio law does state as follows with regard to the owner’s obligation to control the dog:
(C) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do either of the following:
(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;
(2) Keep the dog under the reasonable control of some person.
That word, “supervision” is tough. If the dog is running amuck and someone is watching the dog run amuck, is the “supervision” test met? I think not. Clearly, the aim of the statute is to confine and restrain the dog from causing injury or damage. All of the other items on the list provide a definite limitation of movement – leash, tether, fence, enclosure – and the purpose of the list is to “prevent escape.”
There are two very special types of dogs defined in the code which are of GREAT interest riders – “dangerous dogs” and “vicious dogs.”
A “dangerous dog” is one that has
“. . . chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. . .”
A “vicious” dog is a dog that:
4)(a) *** without provocation and subject to division (A)(4)(b) of this section, meets any of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping, or harboring of a vicious dog.
Compare the language used to define “dangerous” and “vicious” dogs. Dogs can be labeled “dangerous” if they simply look mean or attempt to bite or “otherwise endanger” any person. I would certainly argue that dogs which come after bicycles are “endangering” the rider and are “dangerous” dogs. “Vicious” dogs on the other hand are dogs that have hurt someone.
These statutory provision provide an opening for you and your local club to help protect ALL RIDERS in the event of a dog attack. Once a dog is considered “dangerous” or “vicious” the owner is mandated to secure suitable insurance to protect the public from the dog.
First, of course, get yourself safe. Call 911 and get medical care to the scene. Do NOT let anyone talk you out of that. In my experience handling these cases, more people are injured from a fall caused by a dog than an actual bite. Get yourself taken care of right away. Injuries can be unseen and significant!
Second, notify the owner of the attack immediately. Get the name, address, telephone, email and any other available contact information. Write it down. Send it to yourself in a text message, voicemail or email. Take a cell phone picture of the dog owner’s house. The address marker. The yard. The area where the crash/attack occurred. Try to talk to the owner. GET THE DOG OWNER’S INSURANCE INFORMATION. Dog attacks are typically covered by a homeowner’s policy.
Third, take a picture of the dog with your phone, preferably while the dog is still in the road or in the yard of the owner. Do what you can to get a photo. If you can’t get a picture, make notes about the dog. Breed. Color. Size. Anything special. Again, write it down. Text it to yourself. Do it immediately, not a week or two later. A frequent defense to dog cases is “MY DOG DIDN’T DO IT.” You may have to PROVE it some day and as soon as you leave the scene, any chance of getting that immediate evidence is gone.
Next, get the dog warden involved RIGHT AWAY when you find a dangerous or vicious dog. If an incident occurs on a ride, report it right away. [Your cell phone is really an important tool on your ride, eh?] Get it out and call the dog warden. [What? You don’t have his/her number? Take a minute RIGHT NOW to look it up and put it in your cell phone. The Dog Warden is a typically a COUNTY official. Find out if there have been any prior complaints about the dog.
Follow up your phone call with a letter to the Dog Warden outlining what happened. ASK THE WARDEN TO DECLARE THE DOG DANGEROUS OR VICIOUS, if your situation meets the definitions. Put pressure on the dog warden to act. Continue to follow up with the Dog Warden. While most take their jobs very seriously, I have found situations [particularly in rural counties where they are used to dogs having a free reign] in which the Dog Warden has been slow to act. There are statutes which define his/her duties which can be used to agitate him/her into action if necessary.
Follow up with a letter to the dog’s owner. If you didn’t get the owner’s name at the scene, learn how to determine from county records who owns the property where the dog came from. Send a letter, certified, to the owner advising the owner that the dog is dangerous or vicious [depending on your facts]. If you were injured, advise the owner that you’ve been injured and that you plan on filing a claim with his/her homeowner’s insurance. Tell the owner to contact his/her insurance agent and to have a claims representative call you and be ready to discuss how the incident occurred and the nature and extent of your injuries.
By posting Ride Reports of dog attacks. These serve two very important purposes. First, they warn riders of potentially dangerous dogs. Second, they provide some measure of PROOF of a dog’s vicious or aggressive tendencies and make it difficult for an owner to contend that Fido has never EVER chased a cyclist before. If the Club then follows through and sends its OWN letter to the owner, which is kept on file or posted on the webpage, then even more proof of the dog’s aggression is set forth. The Club’s letter should put the owner on notice that it has received a report from one of its riders that the owner’s dog left the property and was aggressive towards the riders, or caused a crash, or whatever… the mailing of such a letter, via certified mail, again puts the owner on notice and may cause him to chain up the dog before he gets sued!
Ohio has one of the very best “dog laws” in the country. Section 955.28 of the Revised Code imposes liability on the dog’s “owner, keeper or harborer” for “damages for any injury, death, or loss to person or property that is caused by the dog…” The only exceptions to liability are if the person who suffers injury was committing a criminal offense on the owner’s property, was committing or attempting to commit an offense against any person or was “teasing, tormenting or abusing” the dog on the owner’s property. The bottom line – if a dog comes OFF the owner’s property and causes a bike crash – the cyclist WINS.
In most “tort” cases you have to prove that the other guy was “negligent” or guilty of some level of culpability in order to win. Not so for dog owners. One Ohio Supreme Court case described a dog owner’s culpability as “absolute liability.” This means that it doesn’t matter if the dog’s owner took every possible precaution, used the best fence and the strongest leash or chain. If the dog leaves the property and causes damage to passing cyclist, the dog’s owner is liable.
Note that there is NO requirement in the law that dog actually BITE the person. The law permits recovery for ANY and ALL damages. If a playful dog comes out of its yard and chases a cyclist, who then crashes, the owner is liable – even if the dog was never aggressive and even if the dog comes up and licks the cyclists hand, dials 911 with its nose and barks for help!! In some states, there is a “one bite rule” which means the owner is not liable until the dog actually bites someone or acts aggressively. Not so in Ohio, although evidence of aggression can open the door to more damages known as “punitive damages.”
Short answer, YES. Of course, I’m a “bike lawyer” who has handled 200+ “bike cases” and some 50 or more “dog cases” so one might think I would automatically say YES. However, “dog cases” can be tricky. Adjustors might try to tell you that certain defenses apply to limit or deny your claim, when such is not the case. You may not be in the best position to evaluate the value of your claim. Indeed, in many cases, I end up getting involved because the dog’s owner simply refuses to answer the door or phone or otherwise respond to the injured victim’s request for help.
What does a lawyer do in such a claim?
First, we investigate the crash. I gather ALL information, talk to all witnesses, get the police report, dog warden records, photographs and such to clearly and undeniably establish the owner is liable. I contact the owner and get the homeowner’s insurer involved. I track your recovery, gather ALL of your medical records, medical bills, wage loss documentation and out of pocket expenses. I handle all communications with the owner, insurer, dog warden, county, and courts, if needed. Usually, dog cases settle without a lawsuit because the law is so strong.
Probably the most important thing I do is organize all of this data, review it top to bottom and give you my very best professional opinion of what your case is “worth”, based on handling hundreds and hundreds of injury and death cases, 200+ “bike cases” and 50+ “dog cases.” I present the legal, medical, forensic and engineering data about your case to the insurer in a package designed to maximize your recovery. I handle all negotiations and, usually, get the case settled without the need for any litigation.
So, there you go… a short course in Dog Law 101!
GOOD LUCK AND GOOD RIDING!
Steve Magas, The Bike Lawyer
[1] Steve Magas, The Bike Lawyer, is an avid cyclist and Ohio trial lawyer who has “…protected the rights of those who ride…” for more than 27 years. Steve recently opened his own firm, and has created a unique niche in the world of “Bike Law.” Steve has handled more than 200 “bike cases” including crashes caused by errant motorists, dogs, and defective products. Steve is a strong advocate for cycling, and represented Steve Selz pro bono in Trotwood v. Selz, securing an important victory for all Ohio cyclists. Steve offers a FREE CONSULTATION to discuss your cycling or other legal issues and can be reached at 513-484-BIKE [2453] or at BikeLawyer@aol.com. His Bike Law practice is featured at www.MagasLaw.com and www.OhioBikeLawyer.com.
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