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  1. #1
    Love Me....Love My Bike! aerobat's Avatar
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    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
    ========================================
    Last edited by aerobat; 11-25-02 at 10:03 PM.
    "...perhaps the world needs a little more Canada" - Jean Chretian, 2003.

  2. #2
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    A reminder as to why the US needs both tort law reform AND completely socialized medicine.

  3. #3
    Senior Member Stor Mand's Avatar
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    Or maybe get rid of and/or fine the scumbag lawyers that bring about bogus lawsuits.

  4. #4
    Life is good RonH's Avatar
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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.
    My bikes: 2001 Litespeed Tuscany---2015 Cannondale Supersix EVO carbon

    I thought of that while riding my bicycle -- Albert Einstein

  5. #5
    Huachuca Rider webist's Avatar
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    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.
    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.
    Just Peddlin' Around

  6. #6
    Banned. DnvrFox's Avatar
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    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.
    Well, really, it is time for health/medical insurance reform.

  7. #7
    Life is good RonH's Avatar
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    Joe, does this mean if I'm wearing my BikeForums jersey that YOU are going to be sued?
    My bikes: 2001 Litespeed Tuscany---2015 Cannondale Supersix EVO carbon

    I thought of that while riding my bicycle -- Albert Einstein

  8. #8
    Formerly Known as Newbie Juha's Avatar
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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
    To err is human. To moo is bovine.

    Who is this General Failure anyway, and why is he reading my drive?


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  9. #9
    Bike Shop Girl Arsbars's Avatar
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    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.
    BikeShopGirl.com : Helping women find their way in cycling
    CommuteByBike.com : Tips, news, reviews and safety for bike commuters

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