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Old 12-04-2010, 05:32 PM   #21
proasian3
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Car wash sued over Cy-Fair motorcycle crash

They got their entire address for the public to see!!!!
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Old 12-04-2010, 05:59 PM   #22
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Quote:
Originally Posted by bluewave18 View Post
You guys that find some fault in them having their washed cracks me up. Plenty of people with cruisers pay to have then detailed. This reminds me of the last time I had my truck detailed. They used silicone spray on the running board. You couldn't see it but it was slick as owl .
Concur. When I had the Titan with the cheapo factory plasic bed liner they silicone sprayed the out of it. Made for fun times getting my MTBs and carrier in and out.
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Old 12-06-2010, 10:12 AM   #23
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Quote:
Originally Posted by Senator View Post
They'll lose.
If it even was tire shine, the carwash has ways around liability:

1. The carwash simply has to say that the tireshine was part of the package the customer selected themselves. Plaintiff was aware of the dangers and proceeded anyway. (Assumption of Risk)

2. The plaintiff was negligent in avoiding the danger by not checking their vehicle, liked stated above. (Contributory negligence.)
Well, if the plaintiff's attorney gets hold of the product that was used on the bike and finds a warning label that says, DO NOT USE ON MOTORCYCLE TIRES, they may just have a case
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Old 12-06-2010, 11:51 AM   #24
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Tire shine on motorcycle tires...really? They have almost no sidewall
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Old 12-08-2010, 05:18 PM   #25
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The RIGHT WAY


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Old 12-08-2010, 06:13 PM   #26
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I agree this is the right way, but we have to see how long that guy have been riding cause you can tell when your tire is way too shiny thats a red flag. but i say its on the owner of the car wash and the driver, the driver for being lazy washing the bike and the owner not for telling the workers don't shine the tires just with soap and water! i take my bike to my friends car wash but they know not to do that to the tire.
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Old 12-08-2010, 06:55 PM   #27
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Quote:
Originally Posted by Senator View Post
They'll lose.
If it even was tire shine, the carwash has ways around liability:

1. The carwash simply has to say that the tireshine was part of the package the customer selected themselves. Plaintiff was aware of the dangers and proceeded anyway. (Assumption of Risk)

2. The plaintiff was negligent in avoiding the danger by not checking their vehicle, liked stated above. (Contributory negligence.)
Not to pick on you, but this is an example of knowing just enough law that it'll get you in trouble.

Assumption of the Risk normally requires informed consent. Secondly, even if a person is deemed to have assumed the risk, it doesn't protect the defendant from negligence. An example would be Bungee Jumping. The risks of Bungee Jumping are obvious. There will probably be forms filed, but even if there weren't, the jumper could probably be considered to have assumed all risks incidental to the activity. This includes bungee cord failure.

But if the bungee jumping company was negligent in securing the bungee cord, or left the cord in the elements where it became broken down, then assumption of risk would not cut off liability.

In this case, without knowing any facts and just hypothetically speaking, even if the customer had requested tire shine product be applied, the car wash has a duty to apply the tire shine in a safe manner. If they applied it sloppily and let it get to the treads, that might be negligence.


Secondly, Texas switched from contributory negligence to comparative negligence (called proportionate responsibility) in 1995. Contributory negligence cuts off all liability if it can be shown the plaintiff was in any way negligent. Comparative negligence will apportion damages. If the jury thinks the plaintiff was 10% responsible, then his/her damages will be reduced by 10%.
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Old 12-08-2010, 11:08 PM   #28
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Old 12-08-2010, 11:12 PM   #29
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lol. who the fk armorall's bike tires?
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Old 12-09-2010, 03:47 PM   #30
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OMG! Are you serious. Tire cleaner, shine, protector or just plain water.... Ok.. as a hoax I have seen bikes in car washes. I''m assuming that since a 100% by hand place isn't used any more a machine at some point was spraying this bike and at the end the guys put on all the "shine" or cleaner or whatever....

F**K it.. my heads hurting thinking over this stupidity. The rider should have said no tire shine.. I wonder how long they've been riding and getting someone else to wash thier bike. .. sorry..
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Old 12-09-2010, 04:13 PM   #31
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