Originally Posted by
CliffordK
What about those videos posted on youtube where a person simply has a rather long "security rope" tied to their bike?
https://www.youtube.com/watch?v=j-r-mLpiTpE
I suppose they should have a note on the downtube indicating that "personal protective gear is recommended when riding the bike".
In this case, even though it is fake, if they really set about creating the situation knowing the result and someone was injured they would be at fault. Again, it all goes back to intent. Can you prove by the video that the person intended someone to take the bike and fall off, reasonably surmising they may be injured as a result. I would argue yes. The intent was not to secure the bike at all but rather to injure the person taking it or at least make them fall off it (which we could reasonably surmise could cause harm).
What you seem to have a problem with is thinking one persons bad intent (stealing) somehow validates or mitigates another persons bad intent (causing harm). They are two bad things, but one is a property crime and the other is a personal injury. The problem is that the injuries are unpredictable. What if the bat wielders caused a 15 year old thief a TBI that incapacitated them for life? What if the bmx thief fell off and broke their neck and became a quadriplegic... are those punishments commensurate to the crime of stealing a bike and does the common man have the right to determine and mete out that sentence? Remembering this is not spur of the moment reaction but premeditated action on their part.