"Off piste" rider killed after collision with gate

[Imonster]

https://www.bbc.co.uk/news/uk-wales-18247958

Not sure where I stand on this; if you are riding somewhere a bit naughty, open your eyes!

But at the same time, as cyclists and horses were legally allowed down the trail then should more thought have gone into the visibility of the gate itself. Quite possible to hit 20mph on an MTB or horse; what if they'd hit it and been killed?

My gut feeling, is that the fault ultimately lies with the rider. Unlike the recent "mad farmer" case, there is no suggestion that they were lost - more that they were tearing down a trail that they knew they shouldn't be on. If he didn't see a gate, it could have just has easily been a large pothole that threw him off and caused serious injury.

Don't know the trail myself though and always not enough facts in the article to make a valid judgement.

Sympathies to the riders family and riding buddies regardless...
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[JBurrows88]

A corner's court has no implications on a Criminal Investigation. It's just to determine the how, when and where the person died.

The verdict of Death by misadventure fits. the guy was off a legal road, probably going at speed, and there had previously been a gate there.

I think the farmer should have considered visibility of the gate, but we all know he probably had some intention to catch people who shouldn't be there out.. but it would be a push to say the rider died from unlawful means.

An open verdict would also be a push as the cause of death is known and the facts are all very clear.



Possible occupier's liability claim, but that would be for any civil action against the farmer...
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Dave
XJR400 Kenney Roberts Paint Job

[Irn-Bru]

Unlucky really. Rider shouldn't have been there, farmer should have made the gate more visible.
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[MarJay]

Apparently he had head injuries from a 'makeshift gate'. At head height.

The farmer apparently strung wire across the road, probably at head height and was told it was dangerous. Go figure...
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[G]

Can see it ending up rather differently if it was a mountain biker - who can often be doing similar speeds down hills, though less likely on the flat (however places you can open it up with a motor generally have decent visibility.)

[JBurrows88]

Would be different as a mountain biker would be allowed on the path (therefore no misadventure)
Would probably be a narrative decision (where the coroner's court - confirms how the individual died, when and how, but cannot confirm if it was illegal or not - would leave that up to a criminal prosecution or the civil courts)



Causing an obstruction... would really depend on the circumstances - i.e. a barbed wire gate round a blind corner on a down hill section of path with no warning... Farmer would have to answer some questions! probably an unlawful death. Stringing up some wire across a stretch of road would clearly be an 'unlawful death'
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Dave
XJR400 Kenney Roberts Paint Job