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Fermented Grain Sampler
clinking clanking clattering collection of collagenous junk
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4,165 Posts
Duh. MTB'ing, its not if you crash but when. (and again and again etc). I wonder if a personal injury atty can sue himself for gross negligence by virtue of being an idiot.

One of the better T-Shirts at the Sea Otter on Saturday....
"I acknowledge that this is a dangerous activity"
 

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desert dweller
Ventana El Ciclon
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1,644 Posts
Looser Lawyer

Sorry, you'd think that a lawyer would understand and accept the consequences of his own actions. But no, the jerk thinks he can blame someone else for his ineptitude and maybe make a few bucks to boot. I'm sorry, but I guess I have a really low opinion for personal injury lawyers. Come to think of it -- maybe he can sue God for the creation of the earth and all the dangers in it.

mc
 

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aka dan51
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6,022 Posts
This guy better not win. If people are gonna start suing for stupid.... never mind, they already are. I need to become a judge so I can tell these people to go **** off. Sorry YOU fell off YOUR bike. Maybe YOU should learn to ride it better. If you don't want pot holes, stay at home on the couch. This is the sign of a truely weak individual.

This **** makes my blood boil.
 

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397 Posts
Man, does that f*cking piss me off. I totally just sent him an email with my thoughts.....I suggest everyone else do the same
 

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Rolling
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11,120 Posts
mattbikeboy said:
Sorry, you'd think that a lawyer would understand and accept the consequences of his own actions. But no, the jerk thinks he can blame someone else for his ineptitude and maybe make a few bucks to boot. I'm sorry, but I guess I have a really low opinion for personal injury lawyers. Come to think of it -- maybe he can sue God for the creation of the earth and all the dangers in it.

mc
That is the nature of the beast!
 

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the unvarnished nonsense
Joined
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1,832 Posts
an oldie but goodie...

Q: You're locked in a room with a hungry lion, a hungry polar bear, and a personal injury lawyer. The only item in your possession is a gun containing two rounds of ammunition. What do you do?

A: Shoot the lawyer twice. :p
 

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Drinker w/ Riding Problem
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5,326 Posts
Dumbaass!

Leone's claim states, among other matters, the defendants were negligent in that they failed to properly design, inspect and maintain the trail to ensure it did not harbour an unusual danger, that they failed to post warning signs, they permitted untrained and incompetent individuals to inspect and maintain the trail and they created a situation of danger from which the plaintiff, despite all reasonable efforts and precautions, was unable to extricate himself.

WARNING SIGNS??? :confused:

Here is how he and his lawyer would like to see the trails! come on man learn to F'n Ride!
 

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Advice for everyone: make sure that you have liability insurance

I just last week settled a suit filed against me in civil court by a skier in Jacksonhole WY. This guy actually hit me then claimed I hit him. His attempts to press criminal charges failed but the courts allowed his civil case to proceed. It would have cost me 40k to defend myself so I settled just like the bastards knew I would. I was up against local favor, ageism and snowboarder stigma so despite actual facts to the contrary I could not rely on a just decision being reached by a jury- I could definitely rely on defense costs. I now tell everyone make sure you have some form of liability insurance (often via home owners or renters). I could have saved my self the time(this went on for 3 years) and allot of money if I would have had insurance. Unfortunately anyone who works hard and supports themselves is potentially a target for those looking to use the legal system for an easy buck. Especially if you are involved in high risk activities like this get some insurance to protect yourself from these gutless thieves.
 

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bonkin' clyde
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831 Posts
What about roads??

Cucucachu said:
This guy needs to be reported to the bar
Maybe the next time he drives his car into a curb coz he probly sucks at driving too, he should sue the department of hichways and roads and close all the roads in his whole state down. There needs to be a special hell for @ssholes like him.
 

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Registered
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236 Posts
Outraged.

Perhaps I was a bit rash by firing off my nasty tirade (it certaily wouldn't be the first time) but here's the bottom line.

We are LUCKY to have any trail access at all and, IMHO, unless an organization who is legally responsible for a trail acts to intentionally harm someone, they should be exempt from lawsuits like this. Even if the group, or someone affiliated with the organization (like a volunteer trail worker) makes a mistake that unintentially harms someone they should be exempt.

Mountain biking is dangerous. That's part of the allure. When riding we could encounter life threatening obstacles from many different angles: trail erosion, wildlife, reckless riders, weather, cold, etc... You cannot EVER guarantee safety and if someone isn't willing to accept these risks as their own then go sit on the couch. Trying to hold someone liable for your injuries when they were trying to provide trails to ride and open access is the real crime.
 

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Fermented Grain Sampler
clinking clanking clattering collection of collagenous junk
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4,165 Posts
Lol!

brado1 said:
they created a situation of danger from which the plaintiff, despite all reasonable efforts and precautions, was unable to extricate himself.
OK, he took "reasonable efforts and precautions". I'd be real curious to see how he defines that in a court....
"Your Honor, I was just riding along when this hole appeared out of no where on the trail and it made me crash. Yes, it made me crash. I didn't crash, the hole made me crash. Not my fault."

This ranks up there with a case a long time ago. (I don't have any links) Guy buys bike. Guy dresses in black and goes on ride. At night. Without lights. In the street.
Gets hit by car and sues LBS and bike manf. for not telling him that riding at night without lights could be dangerous.

I think these kinds of cases are some failed attempts at cleaning the gene pool. The results should have been something else but the person survived to fight in court.
 

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Not sure what to type?
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567 Posts
This happened to the ATV industry in the 80's...

Parents would buy a huge racing ATV for their 10 year old kid and then sue the ATV manufacturer when they get hurt. It practiclly halted all sport and racing ATV productions for over 10 years.
I remember one case were a guy was riding his racing ATV drunk with 2 person onborad and after removing the rear brake. He started up a hill and flipped breaking his back. He sued Suziki. Thank goodness the judge had some common sense and ruled in Suzuki's favor.
 

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-7
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255 Posts
I certainly understand and feel the anger that stems from hearing about lawsuits that endanger mountain bike trails. I help fight the good fight for access and assist with maintenance here in my area.

But I daresay that none of you have actually read the claim filed in this case or the response (aside from the limited excepts in the articles), or seen and evaluated any of the evidence or witnesses that either side will present.

If the claim truly is without merit, the court will dismiss it. If someone was actually negligent, they will be held liable. That's the purpose of a court - to sort out the claims and find the facts as to what happened. Given that each situation is individualized in both fact and circumstance, its premature to say that suits like this are generally frivilous without knowing the particulars about the individual cases.

And to email someone's clients to complain about a matter unrelated to the scope of this guy's relationship with them seems totally out of proportion and uncalled for, especially since no one here really knows what happened. If his claim is truly fraudulent, a court can usually render sanctions against him.
 
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