I don't get this

Bartronilic · 30-09-2005 4:15pm #1

If somone is accidentally injured on a street or public due to someone else. No legal action can be taken... Can it?

whiskeyman · 30-09-2005 4:16pm

how can it be an accident if its "due to someone else".
need more detail tbh and I'm probably sure nearly everything can have some legal implication

Chong · 30-09-2005 4:17pm

You should this in a more serious forum than AH.

BTW as far as I know I dont think legal action can be taken.

Ann Elk · 30-09-2005 4:21pm

Depends on the circumstances - Give us a context

Bartronilic · 30-09-2005 4:21pm

Let's see. If a person accidentally crahses their bike onto someone else leaving the other person witha broken wrist or a tackle in football that leaves one person with a broken foot.

newgrange · 30-09-2005 4:28pm

Of course they can. If someone hits me in their car, I presume they do not do it deliberately, it is an accident, but I can still take legal action.

Do you mean civil or criminal action? I would imagine in the case of criminal, it would depend if the person (in your example) should have been cycling (?) where they hit the other person (footpath?).

Bartronilic · 30-09-2005 4:28pm

Oh and if it's 0% malicious, 100% public place and 100% accident with witnesses to back it up.

Bartronilic · 30-09-2005 4:33pm

newgrange wrote:

Of course they can. If someone hits me in their car, I presume they do not do it deliberately, it is an accident, but I can still take legal action.

Do you mean civil or criminal action? I would imagine in the case of criminal, it would depend if the person (in your example) should have been cycling (?) where they hit the other person (footpath?).

Laws are different with cars involved as I know from personal experience. I'm talking about minor sports injuries here.

Ann Elk · 30-09-2005 4:38pm

Different circumstances completely, sports players assume a degree of risk inherent in the game, so in the absence of malicious intent they could probably not sue.

For the other situation, if it can be shown that the person with the bicycle acted in a reckless fashion then he could be found liable in either a civil or, if serious enough, criminal action. In law, you owe a duty of care to your neighbour (neighbour definition differs according to circumstances but is usually defined broadly) if you breach that duty, and damage flows from the breach, you have a case for action in negligence. The degree of negligence shown will influence the outcome.

Kappar · 30-09-2005 4:41pm

If the person injured was playing the sports he takes some responsibility if he is injured. However, he was injured by something that he really couldn't foresee then he might have a case in negligence.

Bartronilic · 30-09-2005 4:42pm

Thanks, the bike thing never happened to me but I know it will some day as I have to cycle everywhere.

iguana · 01-10-2005 12:14am

Theoretically you can sue someone for causing an injury such as you describe. However the reason that this is not so common is because most cyclists, unlike motorists, don't have third party injury insurance. So while you may sue them it is unlikely you will get compensation from them even if you win your case.