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Posted

Bike crash pooch costs a packet

 

April 13 2011 at 12:20pm

By Zelda Venter

 

 

A Jack Russell terrier like this one brought down two cyclists in Pretoria - now his owner is being held liable for the damages.

 

A Jack Russell terrier is costing its owner dearly after he ran out from behind a row of garbage bins in Monument Park into two cyclists.

 

The dog’s owner, Jacques Fourie, has agreed to cough up R52 921 for the damages suffered by Daniel Prinsloo.

 

Prinsloo initially claimed more than R65 000 in damages in the Pretoria High Court.

 

His sister Petri, who was also injured, claimed more than R192 000 in damages.

 

Fourie conceded 100 percent liability regarding the damages she suffered, but the amount of compensation she is due to receive will only be determined at a later stage. This part of the trial was postponed indefinitely.

 

It was stated in papers before court that the brother and sister went cycling on the morning of September 12, 2007 along Makou Street in Monument Park.

 

The dog, suddenly and “without warning”, ran out from behind the garbage bins on the pavement and crossed the road in front of the approaching cyclists.

 

Both rode into the dog and fell from their bicycles, suffering several fractures.

 

They blamed Fourie for their misfortune, stating that he failed to take adequate steps to prevent the dog from leaving his premises and failing to safeguard persons lawfully using the street.

 

Both had to undergo treatment in hospital for which they are claiming, and for the loss of their cycling shoes, helmets, and repairs to their bikes.

 

They are also claiming general damages for pain and suffering. - Pretoria News

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:thumbup: GLAD HE HAS TO PAY UP

Posted (edited)

Don't you just love how we're becoming all American-like?

 

If I'm standing in the Post Office, forgot to tie my shoelaces and someone squeezes past, trips and knocks their teeth out on the counter, am I responsible for the R250,000 damage?

 

FFS, I loathe this "I'm going to sue" attitude ...

Edited by Martin Hattingh
Posted

 

 

FFS, I loathe this "I'm going to sue" attitude ...

 

What I hate far more is useless twats that can't keep their dogs on a leash or in their yards. F*&k em. Let em learn the hard way.

Posted

Don't you just love how we're becoming all American-like?

 

FFS, I loathe this "I'm going to sue" attitude ...

Ever had an incident with a dog? Its a good thing they sued, I would have done the same. too many people just don't care to keep their little dogs inside.

Hopefully its a lesson to the others out there..

Posted (edited)

So you guys would be fine with things if you happened to arrive home, open the gate, the dog escapes and you get sued for R250k because an accident happens?

 

Dudes, seriously.

 

Hypocrisy tends to show itself quite nicely whenever money is involved. People don't care about money, unless it's theirs.

 

- "Pffft, make him pay!"

- "Bloody rip off from my LBS, stuff is so expensive!"

- "How come the restaurant charges so much for a small portion!"

- etc

- etc

 

That's until your money is involved. I seldom hear people giving a rat's ass for the company/person who pays their salary when they nonchalantly expect a raise, "because that's what one gets every year".

 

Not cool.

Edited by Martin Hattingh
Posted

If you can't outride a a small dog you shouldn't even be riding a bike.

 

This is absolutely ridiculous! R200k... :thumbdown: What goes around comes around...

Posted

There are good points here. If it was my dog, I would make sure reasonable compensation was provided. 200k? No way man. I've been taken down by someone by accident a few times, I just asked for the bike repairs to be paid. Same when my Malawian got creamed. Just made the company (the driver for which pranged my oke) pay for the repairs to his bike. A few bruises and roasties never really hurt anyone. Much.

Posted

one small dog, causing two people to come of their bikes? too many things wrong with the story, and yes the dog should have been kept behind gates, but cmon...

 

we all livin in america, ameeericaaaa

Posted

R 192 000 WTF Komaan watse fietse het die mense gery? Wat van hulle medies?

 

I was recently awarded R130 000 - with certificate guarantees of another R180 000 for future medical expenses - by the RAF for damages emanating from a collision I had on my bike with a taxi. It was an 80/20 liabilty settlement. I don't think it's an unreasonable amount.

Posted

In the USA they would have sued for 2 million not 200.000 ....and got it.

 

In the USA standards are so high BECAUSE they are a very litigeous society, companies, and people play by the rule because if they dont, well, they stand to be hit with a massive court case, in a way this is good because it keeps companies and the average Joe thinking about safety, and relevant concerns.

 

SA on the other hand has low standards of safety because the chances of getting sued, getting it to court, and then actually succeeding are pretty remote, and very expensive, so, in general, we dont care!.

 

But, its changing, as we see here, 5 years ago this case would have been tossed out as a waste of time, and I do agree we are becomeing a lot more litigeous than in the past when it comes to our rights, which in my mind is not a bad thing.

Posted

I've had more or less the same story, also Jack Russell.

Ran out the gate as me and my dad were riding past, fortunately enough he ran into my rear wheel and caused my speed wobble which I recovered from easily.

 

When I looked back the dog looked disorientated and limping back to the house, on my way back I talked to the owner and recommended they watch their dogs, as we use this route on a daily basis.

 

Those dogs just love chasing fast moving objects.....incl bikes...

Posted

So you guys would be fine with things if you happened to arrive home, open the gate, the dog escapes and you get sued for R250k because an accident happens?

 

Dudes, seriously.

 

Hypocrisy tends to show itself quite nicely whenever money is involved. People don't care about money, unless it's theirs.

 

- "Pffft, make him pay!"

- "Bloody rip off from my LBS, stuff is so expensive!"

- "How come the restaurant charges so much for a small portion!"

- etc

- etc

 

That's until your money is involved. I seldom hear people giving a rat's ass for the company/person who pays their salary when they nonchalantly expect a raise, "because that's what one gets every year".

 

Not cool.

 

I'm in two minds about this. I slipped down a flight of stairs at a shopping center three years ago. The cleaners had just mopped it and there wasn't a sign at all warning me of the wet floor. I hurt my hip and lower back quite badly. Apart from my family and the cleaners there were no witnesses. After crapping them out I manned up and just left it. Fast forward 3 years and I've got permanent back pain and have spent thousands on physio and x-rays and it just has never gotten any better. I so wish I had taken action against the centre management because as it stands I'll be having issues for the rest of my life.

Posted

I was recently awarded R130 000 - with certificate guarantees of another R180 000 for future medical expenses - by the RAF for damages emanating from a collision I had on my bike with a taxi. It was an 80/20 liabilty settlement. I don't think it's an unreasonable amount.

the problem is, you crash and injure yourself today, when you hit 45+, that usually comes back to bite you again. Old rugby pllayers, they K*K after 40... thats why you sue for injury, because its expensive.

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