'Strict Liability' laws

reohn2
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Joined: 26 Jun 2009, 8:21pm

Re: 'Strict Liability' laws

Postby reohn2 » 19 Oct 2012, 8:50am

Regulator wrote:.......... Are you suggesting that the bench all happened to be cyclists who were being lenient on another cyclist?

:D :D :D
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I cycle therefore I am.

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CJ
Posts: 2937
Joined: 15 Jan 2007, 9:55pm

Re: 'Strict Liability' laws

Postby CJ » 19 Oct 2012, 11:24am

pete75 wrote:I thought strict or presumed liability would only be meant to apply in civil cases not in criminal court trials like this one.

You are absolutely right, that case is off topic, however I didnt mention presumed liability in my reply. I spoke of a duty of care, which I hope might also have some relevance to criminal offences involving the word 'careless'.

If someone,regardless of age, decides to jump sideways in front of a moving bicycle or vehicle without warning then I don't see how the driver/rider can be to blame if they are proceeding in a sensible and lawful manner.

No, I think age is relevant. What's sensible near an adult may not be sensible near a child.
Chris Juden
One lady owner, never raced or jumped.

ratherbeintobago
Posts: 180
Joined: 5 Dec 2010, 6:31pm

Re: 'Presumed Liability' laws

Postby ratherbeintobago » 8 Jun 2013, 8:30pm

More on this from Scotland

I've changed the title this time to reflect what I meant originally, ie. that the presumption of liability would rest with the less vulnerable road user, unless they were able to prove otherwise (ie. not strict, where liability would lie with one party regardless of circumstances).

Andy

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anothereye
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Joined: 8 Mar 2009, 4:56pm
Location: Haringey, North London

Re: 'Strict Liability' laws

Postby anothereye » 10 Jun 2013, 2:19pm

We managed to get a good discussion of presumed liability on local radio last week:
http://yourlisten.com/channel/content/1 ... _Liability

Edit of BBC Radio Sussex coverage: Marie Vesco Memorial Ride (04.06.2013)
00.00: News headline
00.48: archive + Dominique Vesco & Seb Achaibou
09.40: Gerry Platt (anothereye)
14.09: Amy Aeron-Thomas (RoadPeace) & 'pro-car' journalist
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http://www.roadusers.net/
reducing danger for all road users

hexhome
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Joined: 1 Oct 2010, 10:33am
Location: Hexham, Northumberland

Re: 'Strict Liability' laws

Postby hexhome » 11 Jun 2013, 4:05pm

anothereye wrote:We managed to get a good discussion of presumed liability on local radio last week:
http://yourlisten.com/channel/content/1 ... _Liability

Edit of BBC Radio Sussex coverage: Marie Vesco Memorial Ride (04.06.2013)
00.00: News headline
00.48: archive + Dominique Vesco & Seb Achaibou
09.40: Gerry Platt (anothereye)
14.09: Amy Aeron-Thomas (RoadPeace) & 'pro-car' journalist


I was impressed with the calm clarity with which you all put your case across with. The motoring journo was left with no salient argument and had to resort to 'all cyclists jump red lights'! Definitely a well worthwhile effort, thank you.