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Personal Injury – Liability – Contributory negligence. Sheriff Court: In an action in which the pursuer sought damages in respect of injuries she sustained following a collision between the bicycle she was riding and the defender's dog, the court held that the primary cause of the collision was the defender's fault in failing to take appropriate steps to control his dog on a public road and thereby allowing it to run into the path of the pursuer's bicycle, however the pursuer, having failed to moderate her speed or to be aware of the potential presence of hazards around a blind bend, or to have given any warning of her impending approach, contributed to the loss, injury and damage she sustained as the direct result of the collision: liability would be apportioned as 70% to the defender and 30% to the pursuer.
Personal Injury – Liability – Contributory negligence. Sheriff Court: In an action in which the pursuer sought damages in respect of injuries she sustained following a collision between the bicycle she was riding and the defender's dog, the court held that the primary cause of the collision was the defender's fault in failing to take appropriate steps to control his dog on a public road and thereby allowing it to run into the path of the pursuer's bicycle, however the pursuer, having failed to moderate her speed or to be aware of the potential presence of hazards around a blind bend, or to have given any warning of her impending approach, contributed to the loss, injury and damage she sustained as the direct result of the collision: liability would be apportioned as 70% to the defender and 30% to the pursuer.
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