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Family sues Strava for cycling death.

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Comments

  • Registered Users Posts: 31,001 ✭✭✭✭Lumen


    niceonetom wrote: »

    "They assume no responsibility. They don't put cones out".

    Facepalm.


  • Registered Users Posts: 8,037 ✭✭✭buffalo


    Lumen wrote: »
    "They assume no responsibility. They don't put cones out".

    Facepalm.

    I really hope if I die doing something stupid, my family don't try blame someone else.

    On the other hand, if someone kills me with their car door, I really hope someone presses charges.

    http://www.nypost.com/p/news/local/queens/biker_dies_ramming_into_car_n9e99lUXpaGXyKqg6mzOEM

    Apparently he "peddled into the driver’s-side door". That's what I tend to do when I see a car door open, I cycle as fast as I can into it, see how badly I can injure myself. I ****ing hate newspaper accounts about cyclists' deaths. The short piece in the Times about the tragic accident in the club league mentioned how great modern helmets are. I have yet to read an article about a road death that mentions how fantastic seat belts or airbags are. It shocks me.


  • Registered Users Posts: 4,833 ✭✭✭niceonetom


    Lumen wrote: »
    "They assume no responsibility. They don't put cones out".

    Facepalm.

    They're running races downhill on public roads without even putting cones out!

    You have to imagine how this would sound in an American courtroom. To Americans. With an American level of understanding of cycling. And technology.

    It's far from impossible that these eejits could win.


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    niceonetom wrote: »

    Probably explains the message they posted recently.....

    "We know the rules. Laws and rules are created for our protection. Cycling, running and swimming are inherently dangerous and following the law, and common sense, when it comes to traffic, weather, or conditions,reduces our odds of getting hurt or hurting others. It’s as simple as that"

    A terrible accident, but a bit of a stretch to blame Strava.

    Personally, if something like that was to happen to me, I hope my family sue Garmin as well - they've a lot more money than Strava. Apart from that, I'd only ask that word 'idiot' not appear in my epitaph.


  • Moderators, Sports Moderators, Regional South East Moderators Posts: 11,391 Mod ✭✭✭✭Captain Havoc


    Moved from the camper van, probably deserves own thread.

    https://ormondelanguagetours.com

    Walking Tours of Kilkenny in English, French or German.



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  • Closed Accounts Posts: 27,834 ✭✭✭✭ThisRegard


    Any death is terrible, but I actually laughed at some of the comments quoted in that story, it reads almost like an Onion story.


  • Moderators, Society & Culture Moderators Posts: 15,685 Mod ✭✭✭✭smacl


    In fact, another high profile accident is being tied to the website. The cyclist who killed a pedestrian in San Francisco's Castro District, according to prosecutors was tracking his time on Strava.

    Interesting logic. If the cyclist had been tracking his time using pencil and paper, would they sue Faber Castell? :rolleyes:


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    I think in the second case the cyclist didn't help himself. Having hit the pedestrian he subsequently went online and was discussing it in a forum. He seemed more concerned about his helmet, than the guy he hit.

    http://www.sfbg.com/politics/2012/04/05/was-cyclist-who-killed-pedestrian-reckless


  • Closed Accounts Posts: 2,365 ✭✭✭Lusk Doyle


    How brilliantly American!

    This from the country in which someone tried to sue God!

    Lawyers should get slapped with fines when frivolous lawsuits fail to discourage them from taking them on and wasting the courts time.


  • Registered Users Posts: 31,001 ✭✭✭✭Lumen


    Lusk Doyle wrote: »
    Lawyers should get slapped with fines when frivolous lawsuits fail to discourage them from taking them on and wasting the courts time.

    Surely if they're no-win-no-fee then the lawyers pay already? Who will judge frivolity?

    You could as easily blame insurers who settle too enthusiastically. There are some crazy personal injury settlements in Ireland.


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  • Registered Users Posts: 5,969 ✭✭✭hardCopy


    Ridiculous suit, hope it gets thrown out.


  • Closed Accounts Posts: 2,365 ✭✭✭Lusk Doyle


    Lumen wrote: »
    Surely if they're no-win-no-fee then the lawyers pay already?

    I wouldn't think so. I'd imagine that the cost of filing and all that still rests with the plaintiff. The fee for time of the lawyer, etc would be encapsulated in the no win, no fee. No?
    Lumen wrote: »
    Who will judge frivolity?

    This guy.
    Lumen wrote: »
    You could as easily blame insurers who settle too enthusiastically. There are some crazy personal injury settlements in Ireland.

    Ok. No problem. Consider it done!


  • Closed Accounts Posts: 61 ✭✭thechanger


    In the Tour de France there's a stage in the competition where a cyclist is crowned "King of the Mountains." William "Kim" Flint had captured that title in an amateur online race, speeding down a hill in Berkeley's Tilden Park and the 41-year-old engineer apparently died trying to keep his record.

    This is brilliant. Apparently they got confused that the King of the Mountains is actually going up, not down. If only they watched some highlights.


  • Registered Users Posts: 6,440 ✭✭✭cdaly_


    Lusk Doyle wrote: »
    Lumen wrote: »
    Surely if they're no-win-no-fee then the lawyers pay already?

    I wouldn't think so. I'd imagine that the cost of filing and all that still rests with the plaintiff. The fee for time of the lawyer, etc would be encapsulated in the no win, no fee. No?

    And then there's all of the defendant's costs for the plaintiff to pay also.


  • Registered Users Posts: 3,565 ✭✭✭thebouldwhacker


    First of all RIP.



    I'm gonna sue Boards because it encouraged me to buy a shed load of bikes.
    I'm going to sue 410 for making me think I look good in lycra.
    I'm gonna sue hills
    Corners and nasty bends with tricky kicks,
    Potholes and cheap road repairs
    I'm gonna sue punctured tubes
    White bar tape............

    I'M GONNA SUE THE EURO RULES


  • Closed Accounts Posts: 2,365 ✭✭✭Lusk Doyle


    thechanger wrote: »
    This is brilliant. Apparently they got confused that the King of the Mountains is actually going up, not down. If only they watched some highlights.

    Also, it's not an amateur online race. I'd like to see that one rebuked.


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    This strikes me as the equivalent of looking down a the barrel of a gun to see if it's loaded, then testing it by pulling the trigger - the resulting lawsuit should be against the bullet manufacturer for making them so fast.

    Lawyers can take something like this on a contingency fee basis and the client can buy various insurance products to cover costs etc

    lionel-hutz-business-card-the-simpsons1.png


  • Registered Users Posts: 9,095 ✭✭✭RobertFoster


    He was fatally injured when he suddenly braked to avoid a car and his bike flipped over.
    That line made me cringe. Steep hills in general can scare the **** out of me. Climbing I worry my legs (or heart) will give out and I'll topple over. Descending I worry my brakes won't work or I'll hit a pothole/something and be thrown.

    Suing Strava, on the other hand, is the same as suing a GPS receiver for driving into a river. Common sense is needed.


  • Registered Users Posts: 8,037 ✭✭✭buffalo


    suing a GPS receiver for driving into a river.

    It's probably been done.


  • Closed Accounts Posts: 2,365 ✭✭✭Lusk Doyle


    That line made me cringe. Steep hills in general can scare the **** out of me. Climbing I worry my legs (or heart) will give out and I'll topple over. Descending I worry my brakes won't work or I'll hit a pothole/something and be thrown.

    Suing Strava, on the other hand, is the same as suing a GPS receiver for driving into a river. Common sense is needed.

    It's America.

    That is all.


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  • Registered Users Posts: 1,511 ✭✭✭dave2pvd


    Lusk Doyle wrote: »
    It's America.

    That is all.

    Please note that the ultimate in freedom is being able to sue whomever you want, whenever you want for whatever you want*

    And who is to say that America is so far out in front
    when it comes to knee-jerk litigation? Huh? Looking at you, Ireland.


    *then make a reality show about the experience.


  • Closed Accounts Posts: 4,013 ✭✭✭kincsem


    It's sad a cyclist died. I knew before clicking the link he was American. Is any American responsible for their own errors?


  • Registered Users Posts: 1,511 ✭✭✭dave2pvd


    kincsem wrote: »
    I knew before clicking the link he was American. Is any American responsible for their own errors?

    There are 311,591,900 of them, or thereabouts. So I know quite a few who are most responsible, upstanding individuals.

    See, there's a difference between your media-reality and reality-reality.

    Although, I have to say, I do enjoy the odd stereotype-rant myself now and then.


  • Registered Users Posts: 5,969 ✭✭✭hardCopy


    buffalo wrote: »
    It's probably been done.

    Yep, some American woman sued Google because she followed walking directions across a freeway. I believe she lost though.


  • Registered Users Posts: 185 ✭✭Straatvark


    ...the appropriate time to listen to the song "who do you sue" from Koos Kombuis - available here: http://music.yahoo.com/koos-kombuis/tracks/


  • Registered Users Posts: 469 ✭✭boege


    Putting aside the humerous side of this claim there is a couple of points to note:

    If they can prove Stava were actually organising an event then event organisors have been fair game in the past.

    The people behind this claim often work on the basis that court cases, especially in the US, have huge uncertainty. This uncertainty represents a risk for Strava and all risk has a cost. Many companies settle under confindentiality for an amount in line with the risk involved. Better to pay out a modest amount than risk long oddds on a huge amount.

    Not saying I agree with any of this but bet Strava will have a bunch of warnings and disclaimers on their web site, if not there already!


  • Closed Accounts Posts: 2,365 ✭✭✭Lusk Doyle


    boege wrote: »
    Putting aside the humerous side of this claim there is a couple of points to note:

    If they can prove Stava were actually organising an event then event organisors have been fair game in the past.

    The people behind this claim often work on the basis that court cases, especially in the US, have huge uncertainty. This uncertainty represents a risk for Strava and all risk has a cost. Many companies settle under confindentiality for an amount in line with the risk involved. Better to pay out a modest amount than risk long oddds on a huge amount.

    Not saying I agree with any of this but bet Strava will have a bunch of warnings and disclaimers on their web site, if not there already!

    Aside from the distance challenges, where exactly does Strava arrange online races?


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    boege wrote: »
    Putting aside the humerous side of this claim there is a couple of points to note:

    If they can prove Stava were actually organising an event then event organisors have been fair game in the past.

    The people behind this claim often work on the basis that court cases, especially in the US, have huge uncertainty. This uncertainty represents a risk for Strava and all risk has a cost. Many companies settle under confindentiality for an amount in line with the risk involved. Better to pay out a modest amount than risk long oddds on a huge amount.

    Not saying I agree with any of this but bet Strava will have a bunch of warnings and disclaimers on their web site, if not there already!

    I know you're just presenting an alternative view, but by that logic the muppet who set up the boards.ie 'club' on Strava would be liable if someone on it spread themselves all over the road.......

    EDIT: btw, I think it was Ryan Sherlock who introduced strava on here.......just sayin', that's all :-)


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 74,773 Admin ✭✭✭✭✭Beasty


    I see they have just updated their terms and conditions. I've not worked my way through them, but suspect there will be something to the effect that if Lusk Doyle dies trying to get one of my KOMs, then I will could be held responsible for setting a target he was incapable of achieving ...;)


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  • Moderators, Society & Culture Moderators Posts: 15,685 Mod ✭✭✭✭smacl


    Email this morning from Strava with updated terms and conditions, and the site is temporarily down for maintenance. Hmmm.


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