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Clarke vs Kerwin T/A DirtBikeAction ruling

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arry
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Joined: 03 Jan 2009
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PostPosted: 16:39 - 05 Jun 2018    Post subject: Clarke vs Kerwin T/A DirtBikeAction ruling Reply with quote

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 Thumbs Up.
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thx1138
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Joined: 06 Oct 2005
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PostPosted: 16:45 - 05 Jun 2018    Post subject: Reply with quote

Did rider have inadeqaute insurance, so sued organisers? Or other?
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arry
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PostPosted: 16:51 - 05 Jun 2018    Post subject: Reply with quote

thx1138 wrote:
Did rider have inadeqaute insurance, so sued organisers? Or other?


Rider brought a claim against the Public Liability policy of the insurer of the event organiser, because he felt the organiser had not sufficiently mitigated the risks to participants - ie they were unreasonable and breached their duty of care. Judge found that reasonable efforts were made given the circumstances and event type and that the claimant must accept that it was a risky activity and that what he came a cropper on was not an unusual hazard that deserved any special attention from the organiser.
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stevo as b4
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Joined: 17 Jul 2003
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PostPosted: 20:21 - 05 Jun 2018    Post subject: Reply with quote

Common sense prevails for a change then!

What exactly would rider have liked to see done at such event to sufficiently mitigate the risks involved I wonder? This country is too full of the mentality of 'oh there's a slip/trip and a chance to claim'

It goes further like to the police that are being scared off by such actions of bikelife types, so they can't chase them. And then there's their own force and the courts cutting them down and ending their career if they do anything to reprimand a scum bag. If I was the UK chief police commissioner, they get decorated in medals of honor and an award ceremony for every bikelife thug they mowed down dead!

Back on topic, could the event organisers of the above enduro, not been able to get away with an 'enter at your own risk of death/serious injury, motorsport is dangerous!' sign stuck on the fence?

I guess not due to I imagine the event by nature of enduros being held on public land?

If it was a closed circuit course with no spectators allowed anywhere near the action and they had an ambulance on site then it should have been a matter of the event organisers saying sorry pal tough shit.

You wouldn't turn up at a drag strip for a test and tune day with your 200mph non road legal funny bike, and then fall off when it spunks it's guts all over the track, and say I'm claiming against the event organisers or track owner for negligence. Fucking people eh!
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Rogerborg
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Joined: 26 Oct 2010
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PostPosted: 09:12 - 06 Jun 2018    Post subject: Reply with quote

Nice one. Thumbs Up

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?
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