Who is liable?

General cycling advice ( NOT technical ! )
mattheus
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Re: Who is liable?

Post by mattheus »

Bonefishblues wrote: 8 Feb 2023, 12:39pm
mattheus wrote: 8 Feb 2023, 11:28am Posters should be aware:

In civil liabilty cases, courts/judges very often find BOTH parties liable for SOME of the damages.

It's rare that either party in these sort of situations are entirely to blame for something; if we all remembered that, these discussions would be about 4 posts long, and would avoid the endless circular debate we always get!

If the following is true, we have ourselves to blame for always stoking these fires:
Nearholmer wrote: 8 Feb 2023, 10:20am This is another of these incendiary posts that is either:
...
- written by a person deliberately stoking trouble; or,
Liability is established. It rests with one party, however the compensatory sum may be reduced due to the contributory negligence of the successful party.
Fair point - I'm not great with legal jargon!

They can both be to blame. They can both be responsible. They can both be negligent. They can both contribute to the damage/injuries.

They can both be "in the wrong".
thirdcrank
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Re: Who is liable?

Post by thirdcrank »

AFAIK a bin cannot be responsible for anything.
Where you bin, man?
Is just a saying, without legal significance :wink:
mattheus
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Location: Western Europe

Re: Who is liable?

Post by mattheus »

thirdcrank wrote: 8 Feb 2023, 3:19pm AFAIK a bin cannot be responsible for anything.
Where you bin, man?
Is just a saying, without legal significance :wink:
There's a good joke about that phrase, but it could be construed as racist so I won't repeat it right now ...
Stevek76
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Re: Who is liable?

Post by Stevek76 »

Pebble wrote: 7 Feb 2023, 6:58pm Clearly riding a bike into a wheelie bin would be the cyclists fault, cyclists deserve all they get. However, If a car driver was to smash into some wheelie bins (that were not suitably adorned with high viz) then that would be with out any shadow of a doubt the fault of the wheelie bins
Incorrect. It would clearly still be the fault of a cyclist, cyclists generally, a cycle lane or possibly an LTN.
The contents of this post, unless otherwise stated, are opinions of the author and may actually be complete codswallop
Barrowman
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Re: Who is liable?

Post by Barrowman »

I agree ,the cyclist is at fault here.


However, there is Legislation about obstructing the highway which may be relevant, whoever put the bin there being liable. Wouldn't have thought that would help a cyclist in any potential claim though.
pete75
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Re: Who is liable?

Post by pete75 »

Was it 'im wot did it?


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Cowsham
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Re: Who is liable?

Post by Cowsham »

I saw Ted once at Heathrow airport couldn't believe how small and thin he was.
I am here. Where are you?
Bonefishblues
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Re: Who is liable?

Post by Bonefishblues »

Cowsham wrote: 9 Feb 2023, 11:14am I saw Ted once at Heathrow airport couldn't believe how small and thin he was.
He only needed to be bigger than a domestic bin TBF
thirdcrank
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Re: Who is liable?

Post by thirdcrank »

I've been reminded of this, this morning.

It's black wheelie bin day here and they were emptied first thing, just before what is forecast to be the strongest wind of the day at around 70mph. The wind is blowing straight down our street which means we are largely protected by the lie of the land but many of the newly-emptied bins were away down the street. A few minutes ago the bin from the top house came down past ours going faster than I'd drive a car.
peetee
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Re: Who is liable?

Post by peetee »

thirdcrank wrote: 17 Feb 2023, 8:11am A few minutes ago the bin from the top house came down past ours going faster than I'd drive a car.
Were you tempted to tuck in behind on your bike and clock the best Strava time?
The older I get the more I’m inclined to act my shoe size, not my age.
thirdcrank
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Re: Who is liable?

Post by thirdcrank »

Like most riders, over the years I've generally been fated to the inevitable head wind.

I must have posted before about my most memorable tailwind. It was when I worked at "Farce Control" in central Bradford. At one point in the morning I was talking on the phone to someone in Cornwall whose roof was blown off as we chatted - which rather confirmed the forecasts of gales.

I declined mrs thirdcrank's offer of a lift after work and rode home up the A650, which for those unfamiliar is a drag. I was freewheeling up. NB Definitely freewheeling - I didn't get a freehub for some years. A bit of a hair raising crosswind for the last mile down the A62, but when I got inside I felt my backside was wet and I briefly panicked, assuming it was blood. In fact, the whole of my back was soaking from the rain in the tailwind while my front was dry - the opposite of normal. Let's hope it's like that on the great club run in the sky.
mattheus
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Re: Who is liable?

Post by mattheus »

peetee wrote: 17 Feb 2023, 9:23am
thirdcrank wrote: 17 Feb 2023, 8:11am A few minutes ago the bin from the top house came down past ours going faster than I'd drive a car.
Were you tempted to tuck in behind on your bike and clock the best Strava time?
:lol:
Airsporter1st
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Joined: 8 Oct 2016, 3:14pm

Re: Who is liable?

Post by Airsporter1st »

mattheus wrote: 8 Feb 2023, 4:00pm
thirdcrank wrote: 8 Feb 2023, 3:19pm AFAIK a bin cannot be responsible for anything.
Where you bin, man?
Is just a saying, without legal significance :wink:
There's a good joke about that phrase, but it could be construed as racist so I won't repeat it right now ...
In the not-too-distant future, merely thinking about the joke will probably have you arrested for re-education.
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Who is liable?

Post by thirdcrank »

I can remember with total clarity the first time I ever heard the phrase. In 1967 as newlyweds, we were setting up home and I came home on the bus struggling with a new bin. Nearly all Leeds buses had a conductor in those days and the open passenger entrance AKA the platform was at the back. No comment from the conductor when I got on and paid, but he had his quip as I was getting off.

OTOH, I struggle to remember what I've had for breakfast
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