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Old 04-18-05, 12:25 AM   #1
an MP
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Lawyer sues trail owners, town, after he takes a fall on a ride

http://www.canoe.ca/NewsStand/Toront...00721-sun.html

Originally from fark.
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Old 04-18-05, 01:27 AM   #2
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Yeah, its too bad i cant sue YRB and ICBC when i hit a pothole and get a flat tire.
Its must have Hurt.
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Old 04-18-05, 05:50 AM   #3
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Such a sad statement about our society ...
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Old 04-18-05, 06:14 AM   #4
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Weak. Vermont has laws protecting landowners in this case. Unless the landowner charges a fee to use the trail, which I don't think happens.
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Old 04-18-05, 10:46 AM   #5
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Thats stupid, I'm afraid thats whats gunna happen around here too. and i dont want it to, there arnt enough trails around here anyway
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Old 04-18-05, 11:04 AM   #6
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Suprising that this is happening in Canada. I would have expected something like this from our litigious neighbors to the south.

This thing can go either way depending on how it's argued and how it's interpreted by the judge.
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Old 04-18-05, 11:50 AM   #7
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Thats so damn stupid.

Why are people so greedy? Can't they just accept the fact that certain actions can have unwanted consequences?

Thats like blowing your arm off with fireworks and then suing the company that makes the fireworks because they were supposed to stop you from hurting yourself.
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Old 04-18-05, 12:32 PM   #8
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I hope the soft tissue injuries were to his scrotum.
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Old 04-18-05, 01:06 PM   #9
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I hearby apologize for all Americans for our sue happy society making it's way North.
If one judge would stand up and throw these things out, maybe people wouldn't be so quick to file them and realize there's nothing free about a free ride.
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Old 04-18-05, 01:44 PM   #10
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Luckily in canada, as an adult, taking individual risks like rock climbing and such, you automatically assume the risks involved in that activity. This case will be thrown out. If this was a kid around the age of 16, he would win because the assumed risk is then placed out other parties.

A few cases like this have come up, all of them thrown out. That assumed risk law is a beautiful thing.
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Old 04-18-05, 01:54 PM   #11
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Put a sign at each trail head = Not resposible for your actions, or lack there of if you decide to ride your bike here. Especially if you don't watch where your going. Caution there might be obstacles, wildlife, other cyclist, and other stuff on the trails.

Course that guy would probably sue just because there was not a DIP sign 10 feet before the whole he found. But since he didn't see the hole, he probably wouldn't see any signs.

And he might as well go all out and sue, the bike manufacter, and heck why not... Joe Breeze and Gary Fisher come to mind.... I mean they did help this sport evolve.
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Old 04-18-05, 02:17 PM   #12
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The 31-year-old personal injury lawyer from Toronto claims he suffered fractured vertebrae and several soft-tissue injuries when his bicycle came to an abrupt stop after hitting a hole in the trail, sending him over the handlebars.
How do you fracture a vertebrae going over the handlebars? I've done it hundreds of times without serious injury. And he's also a personal injury lawyer? Looks more like a lawyer running out of money in search of a quick buck.
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Old 04-18-05, 02:27 PM   #13
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Originally Posted by SpiderMike
Put a sign at each trail head = Not resposible for your actions, or lack there of if you decide to ride your bike here.

An even better idea

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Old 04-18-05, 02:54 PM   #14
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Originally Posted by Jason222
How do you fracture a vertebrae going over the handlebars? I've done it hundreds of times without serious injury. And he's also a personal injury lawyer? Looks more like a lawyer running out of money in search of a quick buck.
Land on your head directly...really not hard.
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Old 04-18-05, 03:05 PM   #15
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well, if he landed on his head at least he didn't damage anything important

counter sue for loss of recreational facility - couple of hundred writs from POTU might get his attention.
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Old 04-18-05, 03:09 PM   #16
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Originally Posted by Jason222
How do you fracture a vertebrae going over the handlebars? I've done it hundreds of times without serious injury. And he's also a personal injury lawyer? Looks more like a lawyer running out of money in search of a quick buck.
I am sure he didn't learn to ride from that Bikerfox guy.
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Old 04-18-05, 03:20 PM   #17
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Wow, this guy is a lamer...

It's so interesting that it comes from a personal injury lawyer.. obviously he knows what tactics/attacks to use to pry out a settlement..

Geez, I'm gonna go get my lawyer after a fall I took on the road... cya..
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Old 04-18-05, 04:53 PM   #18
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Originally Posted by troie
An even better idea

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Old 04-18-05, 05:24 PM   #19
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Quote:
Originally Posted by Jason222
How do you fracture a vertebrae going over the handlebars? I've done it hundreds of times without serious injury. And he's also a personal injury lawyer? Looks more like a lawyer running out of money in search of a quick buck.

i did it in kamloops, wasnt that hard actually all you need is a good solid tree and BAM crushed vertebre.
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Old 04-19-05, 09:14 PM   #20
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Unreal! If we could just create that totally safe world where nobody had to take any chances or do anything at all. Then I guess we'd have to sue for being bored.
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Old 04-19-05, 09:47 PM   #21
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I bet he's been planning this, casing the trails, looking for the right on and the right time, and just enjoying the sport in the meantime.
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Old 04-19-05, 09:51 PM   #22
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Where's a mountain lion when you really need one?
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Old 04-19-05, 09:54 PM   #23
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The lawyer in question, James Leone, can be reached at jleone@beardwinter.com

His law firm's main switchboard number is (416) 596-5555. I could not find his direct extension, but if you spell his name for the the company directory robot, it'll connect you to him. His assistant's name is Cecelia, and her extension is 734. The firm's fax number is (416) 593-7760: be sure to write ATTN: ASSWIPE on the cover sheet so it gets to the right person.

Of course, there are those of you who will scoff: Beard Winter is a firm specializing in corporate law, government relations, and litigation. How will they know WHICH asswipe to give the fax to? We'll just have to take the risk that James Leone is the biggest one there. I figure it's a safe bet, but you never know.

Last edited by dasein; 04-19-05 at 10:02 PM.
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Old 04-20-05, 12:46 AM   #24
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I've begun to wonder, do these *******s (the bad lawyers that is. I'm not stereotyping against all weasels) not realize that the rest of humanity thinks they're the scum of the earth or do they make enough money that they just don't care? If it's the former, it's our own stupid fault for being too PC to tell lawyer jokes in front of them. If the latter, then they're even lower on the scum chain for valuing money over respect.
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Old 04-20-05, 03:36 PM   #25
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Quote:
Originally Posted by klondike300
I hearby apologize for all Americans for our sue happy society making it's way North.
If one judge would stand up and throw these things out, maybe people wouldn't be so quick to file them and realize there's nothing free about a free ride.
Don't be so fast to blame the judges. It's up to lawmakers to define the laws.

Unfortunately, they often do a poor job. They oscillate between "anything goes" and "nothing goes". Carefully crafted legislation is a rare thing. More often it is a hodgepodge of compromises.

In this case, I'd have to say this guy is probably a pussie. But there could be some factors in his favor like how large and how LONG the hole was there.

I had an issue on a local trail where an overhead log on a hill was just tall enough to turn someone into a quadrapalegic. They knew darn well what height it was at. And they had even propped it up to make sure it didn't sag into a safer position.

I argued for months before I finally got the nod to remove it. The point is that it was an obvious and unnecessary hazard. The fact that someone KNEW it was there and even MAINTAINED it implies a level of liability.

If you started stringing cable 1 foot above the trail and calling a "jump rope" you can see that you will have some possible liability issues.

This is a fine line. And trail folk should make sure that there isn't anything too dangerous without WARNING users of possible risks.
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