This Really Frikken Ticks Me Off

[flyingfuzzball]

how is that the solution...

 

[peanuts]

There is a lesson in this story somewhere... I think it has something to do with not riding on other people's property without permission... but I can't put my finger on it. :think:

Oh wait, now I have it "Do what ever you want, and if you get hurt blame someone else". Yeah, that's it. :bang:

 

[robwbright]

In the two states I practice in, liability (if any) would likely rest on this:

1: If cable had been up for a long time before the accident = no liability.

2: If landowner was not aware of people riding on his property = no liability.

3: If landowner knew people were riding (and especially if people rode there all the time and for months or years) and suddenly put up the wire with no other warning = possible or probable liability.

I had a similar situation happen to me when I was a kid. We rode in a wildlife preserve (100s or 1000s of acres) and the game wardens/police would actually tell us they didn't mind as long as we stayed on the dirt roads and trails and didn't ride on paved roads. Virtually everyone in the area knew that people rode bikes and ATVs in that preserve - and that people had been riding there for decades.

Many of the dirt roads had cables - some of them were up and we'd go around and others were down.

However, one day I was riding in an area we rode through every day and, as usual, the cable was down. When I came back a couple hours later - riding about 40 mph - the cable was up (with no markers) and I hit it at probably 25 mph (braking at last second). Thankfully, the cable pulled out of the post and I was not injured.

There would likely have been liability in that case, but on who?

My friend had a similar situation where a cable was put up between the time that he rode thru and the taime that he came back - no markers. He crashed pretty hard by laying the bike down and trying to slide under. Lots of scrapes and bruises, put no permanent injuries.

That, too, would have been probable liability. The person(s) who put up the cables (1) knew people rode there all the time; (2) didn't say anything or allowed the riding for years; and (3) suddenly put up cables without warning.

You can't do that.

 

[knowiam]

:nener:

Law firm of: Dewey , Cheatem and Howe

 

[RM_guy]

:nener:

Law firm of: Dewey , Cheatem and Howe

Hey :think: don't drag me into this! :laugh:

 

[johndoe1222]

i think anyone who would put a cable up that is barley visible to specificly hurt a kid is sick in the head sure he put streamers up but that might be just for him to see it also the kids comin home for his moms birthday probably at night these are the guys id just love to see drive into their own fence one night

 

[MagnaTrey]

Where was the Parents!?

Red streamers on a cable? Clearly indicates an attempt to make the cable more visible, no malice in my opinion.

Prop owner and child aside, why was a kid riding at dusk on private property? Gimme' a break, this tragic loss could have been prevented with a little common sense and supervision from the parent/s. :bang:

 

[Green Horn]

Red streamers on a cable? Clearly indicates an attempt to make the cable more visible, no malice in my opinion.

Prop owner and child aside, why was a kid riding at dusk on private property? Gimme' a break, this tragic loss could have been prevented with a little common sense and supervision from the parent/s. :bang:

Bingo! :cool:

 

[FruDaddy]

Red streamers on a cable? Clearly indicates an attempt to make the cable more visible, no malice in my opinion.

Prop owner and child aside, why was a kid riding at dusk on private property? Gimme' a break, this tragic loss could have been prevented with a little common sense and supervision from the parent/s. :bang:

But this would require that mother accept responsibility for her son's actions. Or state that he is responsible. Isn't our whole society currently based on the fact that there is always somebody else that can be blamed for our mistakes? Any lawyers out there with an opinion?

 

[Cabot]

True, but the landowner still has plausible liability because the kid died on his land - and from an obstacle that he placed there. If there's was no clearly visible sign warning of the cable and it can be shown the cable was hard to see, the landowner is in deep doo-doo. Better check the insurance limits.

This is the Flame Forum, so I can say this. This is what really pisses me off here. From what I hear, some kid is tresspassing, riding his bike close to dusk, at a speed where he isn't in control of everything that could happen (I mean, he had to be going pretty fast to die, unless the cable was neck height, which would be highly unlikely, and would more then likely be mentioned in the article) , and he hits a cable that the landowner put up, for the obvious reason to keep people out (with streamers on it for visibility) and your saying the landowner is responsible because it is his land?

And do you really think a 'No Tresspassing' sign would keep a couple teenage riders out? No, me either.

Clearly we don't have enough of the facts to determine either way, BUT..

Thats like saying some drunk driver drives into your house giong 65 mph and dies, but its your fault because it took place on your property and it was your house. You should go to jail.

IMO, its more less the kids fault himself. Its sad to say, but it is probably the truth. Everyone is out to blame someone else, and find an excuse for everything.