Originally Posted by
Matariki
Yes, but this does not mean that we should tolerate flaws in the design or construction that could easily be anticipated to cause harm.
Nor should we expect any cyclist to be completely aware of all hazards at all times. Let's face it, there are so many competing distractions that even the most experienced of us will miss something occasionally. Sometimes we get bit.
this points out what this thread is really about - in the first case the railroad pays, in the second the cyclist pays.