Something to think about.
This was sent out in our local cycleing bulletin board:
There has been some discussion recently about liability during club rides, especially for new riders joining the ride without being MCA members (and therefore insured to some minimum level, at least). Attached is an succinct account of the major accident and lawsuit that resulted from a weekly ride in Pennsylvania. Evidently the insurers for the LBS had to pay the claim since some of the riders were wearing their logo shirts. I believe the action started off by naming each rider personally on the ride as a defendant. Note the facts of shouting an approach warning and then the victim moving into the line of travel. Note the difference between US and Canadian health insurance - at least the lack of health insurance is not a motivator for action in this country (although pain and suffering, lost wages and property damage would be) . J. Date: Sun, 24 Nov 2002 19:39:39 -0500 To: Tandem list <tandem@hobbes.ucsd.edu> Subject: A story about liability and personal responsibility Here goes a story. It was in _Bicycling_ a few years back, and was a front page story in _The Philadelphia Inquirer_. I know some of the participants. The ride is called "the Drives" and is a 25+ year old Philadelphia institution. It is sponsored by no one. Racers and fast recreational riders gather behind the Philadelphia Museum of Art at 6 p.m. on Tuesdays to do three fast laps of West River Drive and Kelly Drive. Speeds approach 35 mph on the final lap. Any one who can hang is welcome. Open roads, used by other riders. Alice Sherlock is riding her bike. She is wearing a helmet, riding as far to the right as is practicable, and is by all accounts operating her bike in a safe and legal manner. Every year she takes a cycling vacation, and she is getting in shape for one. Along comes a large-ish group, 30 - 40 riders, "On Your Left!" She is spooked, or maybe moves slightly left as she looks over her left shoulder, or something. Crash, bang, ouch. She is seriously hurt, broken eye socket, bad. Two brothers who happen to own a bike shop - remember, the ride has no "sponsor" or "owner" - offer to help, get her in an ambulance, take her bike back to their shop (their undoing, BTW) and generally do the right thing. Her insurance runs out. Remember, she is seriously hurt. Folks are looking around for someone with deeper pockets. An attorney pays a visit to the shop. Attorney: "Your riders hurt my client." Shop: "Not our, riders, not our ride." Attorney: "No, she saw riders wearing your team jersey. Must therefore be your ride. Tell us their names or be sued." No names were named, but the insurer of the shop did ultimately pay. Moral? I dunno, sometimes things are not black and white but a dirty shade of gray. Pete LaVerghetta Cheltenham, PA DISCLAIMER The Manitoba Cycling Association coordinates this email-based discussion group to facilitate information exchange. The views, opinions, and validity of information expressed are solely the responsibility of the original sender, and do not necessarily reflect the policies of the MCA. Manitoba Cycling Association - www.cycling.mb.ca ======================================== |
A reminder as to why the US needs both tort law reform AND completely socialized medicine.
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Or maybe get rid of and/or fine the scumbag lawyers that bring about bogus lawsuits. :mad:
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Thanks for passing on this story Dave.
Very sad situation for the woman and for the kind-hearted bike shop owners. :( I'll have to pass this on to our club president to make sure something like this doesn't happen to our club or sponsers. |
Originally posted by RonH I'll have to pass this on to our club president to make sure something like this doesn't happen to our club or sponsers. It is indeed time for tort reform. |
Originally posted by webist Interesting isn't it? I suppose, if they'd just left her laying there, she'd have still seen the jerseys and sued. It is indeed time for tort reform. |
Joe, does this mean if I'm wearing my BikeForums jersey that YOU are going to be sued? ;)
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If seeing a logo printed somewhere on your biking gear is enough to get a company sued, I can understand why Shimano specialises in small components. That has got to be one of the most unfounded case threats ever. The sad part is, it seemed to work.
--J |
Reminder to self- do not wear team or club jerseys on rides with others.
2nd reminder to self- if someone is badly injured, and you could help in some way, wear a paper bag over your head so they can not recognize you. |
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