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arry |
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arry Super Spammer
Joined: 03 Jan 2009 Karma :
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Posted: 16:39 - 05 Jun 2018 Post subject: Clarke vs Kerwin T/A DirtBikeAction ruling |
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An interesting motorcycle injury related case which has a generally positive outcome for event organisers.
https://www.blmlaw.com/news/blm-successfully-defends-claim-pursued-against-organiser-of-sports-event
https://www.dirtbike-action.co.uk/
Precis:
Off Road Rider taking part in off-road rally spazzes himself overtaking through a ditch.
Rider claims for compensation as hazards had not been correctly controlled / identified.
Outcome:
Judge in making common sense decision shocker.
Event organisers owe a reasonable duty of care not an absolute duty.
The end to wholly unrealistic expectation for organiser to identify every single bloody hazard.
The participant must acknowledge they are undertaking a dangerous activity and accept those risks.
Foolhardiness can be seen as an intervening act to break the chain of causation in certain circumstances.
Winner . |
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thx1138 |
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thx1138 World Chat Champion
Joined: 06 Oct 2005 Karma :
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arry |
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arry Super Spammer
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stevo as b4 |
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stevo as b4 World Chat Champion
Joined: 17 Jul 2003 Karma :
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Rogerborg |
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Rogerborg nimbA
Joined: 26 Oct 2010 Karma :
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Posted: 09:12 - 06 Jun 2018 Post subject: |
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Nice one.
I particularly liked the part about Spazzy McFail claiming (falsely) that he'd been blinded by dust, but if he had been then it would have made it even more of a spacktarded manoeuvre. Bit like those "the bike came out of nowhere and it was doing 100mph" SMIDSY bawws. Pick a story, eh? ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Old Thread Alert!
The last post was made 5 years, 324 days ago. Instead of replying here, would creating a new thread be more useful? |
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