I rode my bike in NRW am Rhein on the completely separate from footpath (footpath above the Rhine embankment, bike path right on the Rhine) Fahhradweg. On bike path so is a kind of square with banks, where some people sat and grilled.
Suddenly a big dog (Golden Retriever?) Came out of the tall grass along the Rhine and ran me under the wheels and his grilling owners. I dodged just in, but then I lost my balance and am a bad fall. Knee totally broken, trousers in buckets, hands scratched and it took quite a while until I had recovered so far that I could go home.
Question: Was this an avoidable accident, because the dog would lead must be?
The best answer
likely without the very precise sequence to know all experience the dog owner to be liable and who thus pay for the damage.
A pet owner is responsible for the damage caused his animal, responsible and he will stick not only to the usual fault liability under § 823 BGB, but even after much sharper strict liability according to § 833 BGB, the dog owner thus assumes full responsibility!
You are properly driven on de bike path, then the dog comes to this bound and will get you through an evasive maneuver to case. that's my opinion is a clear case of liability of the dog owner.
Have you confronted him already with the facts? One can assume that he has a Tierhallterversicherung that comes up for the damage. If this the facts so looks like I will make.
A cyclist is a road user.
above applies to all road users