MTB Instructor sued for 4 million Quid!

[Captain Fastbastard Mayhem]

So basically he got scared and grabbed a handful of brakes and went OTB?

 

 

Also not sure if the trail had changed etc since incident.. but that just looks like a nice flowing trail to me.

Very flowy, and definitely a green trail. Makes some of Tygerberg trails look like a black.

[Gen]

Very flowy, and definitely a green trail. Makes some of Tygerberg trails look like a black.

Must be honest when I read the article I thought yoh it then must have been a very technical route full of rock gardens and jumps and gaps jumps and drop offs..

 

When I watched the video, I couldn't see anywhere where he could've gone OTB but a faceplant into a tree would be more likely..[emoji53]

 

 

Probably caught a speed wobble and got a fright and like I said grabbed a handful of front brakes.

[Ratty]

He rode it twice taking the wrong line both times.  Which firstly means that he rode it successfully once and then when riding it again he fell.

[Captain Fastbastard Mayhem]

He rode it twice taking the wrong line both times.  Which firstly means that he rode it successfully once and then when riding it again he fell.

Yep. There's that, too... 

[EmptyB]

So where is the clumpy grassy piece of ground....

[Gen]

So where is the clumpy grassy piece of ground....

Same place the slope, dropoff and bombhole is.. in his imagination.

[EmptyB]

Same place the slope, dropoff and bombhole is.. in his imagination.

 

I also liked the floating bridge over the crocodile pit

[Headshot]

Probably a claim against insurance, not the instructor in his personal capacity, so we can all chill the fark out.

 

We would all do the same in a similar situation - it's called looking for the "deepest pockets" to recover damages.

 

in certain jurisdictions and under some consumer legislation, there's NO FAULT LIABILITY - in other words, you can be liable for damages in the ABSENCE OF NEGLIGENCE.

 

Storm.  Teacup.  #IsItFriday?

In this case its clear they are alleging and trying to prove negligence on the part of the instructor.

[Gen]

I also liked the floating bridge over the crocodile pit

That was just after the gap jump over the snake pit hey?

[Headshot]

 

This may or may not be the bomb hole in question. A little bit technical and steep, but something i'd happily ride blind at a fair lick of speed. A novice to tech riding the wrong kind of bike could easily come a cropper. In fact anyone could, given a slight error of judgment...

 

Myles, the claimant probably did have insurance and it is the insurer trying to get its damages from the instructor, who is probably covered as well. Its like a car accident claim really. So all this childish name calling and lawyer bashing should stop :-)

 

You can only evaluate where the fault lies if you have all the information (evidence). My sense is that this case should fail - but all we have is very limited excerpts from speeches made by opposing counsel. 

[Captain Fastbastard Mayhem]

Yeah, probably, Tim. 

 

And as for the case - maybe. But in that case, the reporting is woefully inaccurate. 

[EmptyB]

That was just after the gap jump over the snake pit hey?

 

Which snake pit.....there were 3 of them LOL

[Gen]

Which snake pit.....there were 3 of them LOL

[emoji23] [emoji23]

[nonky]

In this case its clear they are alleging and trying to prove negligence on the part of the instructor.

 

100% correct, in order to claim from the instructor's insurance or his business's insurance.

 

This is par for the course when the deep pockets go to Court with heavy legal teams.

[nonky]

 

This may or may not be the bomb hole in question. A little bit technical and steep, but something i'd happily ride blind at a fair lick of speed. A novice to tech riding the wrong kind of bike could easily come a cropper. In fact anyone could, given a slight error of judgment...

 

Myles, the claimant probably did have insurance and it is the insurer trying to get its damages from the instructor, who is probably covered as well. Its like a car accident claim really. So all this childish name calling and lawyer bashing should stop :-)

 

You can only evaluate where the fault lies if you have all the information (evidence). My sense is that this case should fail - but all we have is very limited excerpts from speeches made by opposing counsel. 

 

Good points but, once again, it may not be a matter of negligence / fault IF there is consumer legislation (e.g. our CPA) applicable.

 

The Yanks are famous for their "no-fault" liability court cases (McD's hot coffee accidents et al).

 

I'm not sure what the situation is in the UK and/or under EU law/regs.

 

 

 

I'm just happy some lawyers are earning a fee...he he he 

[Capricorn]

Yeah, probably, Tim. 

 

And as for the case - maybe. But in that case, the reporting is woefully inaccurate. the case at a sensitive stage and no additional can be shared without prejudicing the client or the defendant.

 

fixed. come on man, use your words!