Article in Tygerberger regarding Hooggekraal

[flymango]

The bridge is at the bottom of the jeep track before you enter the first singletrack and is sturdy and about 1.5m wide. There is a right turn off the jeep track to the bridge so if you hit the bridge with enough speed to get airborne, you'll probably drift left and miss the downhill part of the bridge altogether which is what I suspect may have happened.

As a regular rider on these trails, I'm really concerned that this may be yet another nail in the coffin of land access.

 

Firstly, condolences to Lee's wife and family. I can't begin to imagine the grief they are experiencing, especially with Lee's wife pregnant with their unborn baby.

 

Regarding the land access comment, I do have a difference of opinion. I don't believe we should confuse land access with liability. If I'm not mistaken, when you sign up as a TMTB member you indemnify the club against any claims for damages of any nature. Similarly, the club would indemnify the land owner against similar claims. The sport of mountain biking, whether recreational or competitive, has inherent risks which could result in injuries, possible hospitalisation, disability or under rare or freak circumstances even death on the trails. The honesty box might have some problems though.

 

Point is, it will be extremely difficult to apportion liability or fault with the club and/or land owners when riders suffer damages and/or injuries. In the case of the deceased in this thread, one could argue that his passing away was a consequential event. Based on my limited legal knowledge, consequential damages are extremely difficult to claim and prove.

 

I think it is merely sensational journalism. It would be a complete article if we knew more about what causes blood clots and why that happened after physiotherapy.

 

Perhaps I'm mistaken?

Edited April 5, 2014 by flymango

[GLuvsMtb]

 

Firstly, condolences to Lee's wife and family. I can't begin to imagine the grief they are experiencing, especially with Lee's wife pregnant with their unborn baby.

 

Regarding the land access comment, I do have a difference of opinion. I don't believe we should confuse land access with liability. If I'm not mistaken, when you sign up as a TMTB member you indemnify the club against any claims for damages of any nature. Similarly, the club would indemnify the land owner against similar claims. The sport of mountain biking, whether recreational or competitive, has inherent risks which could result in injuries, possible hospitalisation, disability or under rare or freak circumstances even death on the trails. The honesty box might have some problems though.

 

Point is, it will be extremely difficult to apportion liability or fault with the club and/or land owners when riders suffer damages and/or injuries. In the case of the deceased in this thread, one could argue that his passing away was a consequential event. Based on my limited legal knowledge, consequential damages are extremely difficult to claim and prove.

 

I think it is merely sensational journalism. It would be a complete article if we knew more about what causes blood clots and why that happened after physiotherapy.

 

Perhaps I'm mistaken?

Give this man a Bells!

 

[needleshy]

Condolences to Lee's family, it is really a unfortunate event that took place that day.

 

I had a bit of a reality check that evening when Lee crashed. Events like that keep me in check and help me be grateful for what i have today.

 

Human errors occur very often on trails and things can go real bad real fast. I've had a fair amount of falls at Hoogekraal and they have all been due to human error on my part. Not the trails fault.