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Cyclist files suit against dog owner

An Edwardsville resident is seeking more than $50,000 in damages from a dog owner and Madison County Transit for a 2005 accident in which his was injured, the Edwardsville Intelligencer reports.

Danny Clayton alleges in his lawsuit that while riding on the Quercus Grove Trail, dogs ran toward his bicycle and knocked him to the ground, causing severe and permanent injuries.

Among the allegations, Clayton and his lawyer contend Madison County Transit:

-- Failed to properly warn the public of the impending danger at that location.

-- Failed to properly secure the dogs in a safe location and environment to keep them from attacking pedestrians, runners, and/or cyclists on the bicycle path.

-- Failed to have the dogs quarantined and/or move them from the location when it had prior knowledge of earlier attacks at the same location.

Personally, I don't see how MCT has any obligation to secure dogs that belong to a private party, although I can see how MCT could be held liable if it didn't contact the dogs' owner, the Madison County Sheriff's Department or Madison County Animal Control about the situation.

As we all know, crazy things can come out of civil cases -- such as the Boub v. Wayne Township case that excluded cyclists as intended users of Illinois roads -- so it would be a good idea to keep an eye on this case.

Roger 0 comments links to this post 1:23 PM   

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