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Old 12-06-2011, 04:10 PM   #41
King Of Dirk
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I love the "you can be sued for anything" schtick. No, you really can't be sued for "anything." Causes of action have elements. Don't meet each of those elements, and you're done.

Motions to dismiss are the bane of dipshit plaintiffs. Frivolous lawsuits are a bad, bad idea.
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Old 12-06-2011, 04:39 PM   #42
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Quote:
Originally Posted by SBK Pilot View Post
dunno if you'd likewise be laughing at your defense atty's bill?...

again, a waiver helps protect you... it does not forbid anyone from filing suit against you...


1. There's no law in Texas that requires the hiring of a defense attorney in a civil suit
2. I'm pretty sure if I led a ride and the waiver I had signed and witnessed stated "I hold the leader of this ride free of any and all liability and understand that this is a highly dangerous activity that can result in critical injury including death" that I could present it in court and it would stand and wouldn't cost me one red cent.
3. You want to ride and try for a suit?
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Old 12-06-2011, 04:50 PM   #43
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Maybe draft a release that's legally sound, make it a sticky, then have anyone that wants to ride print & sign a copy to bring with them?
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Old 12-06-2011, 06:39 PM   #44
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1. There's no law in Texas that requires the hiring of a defense attorney in a civil suit
2. I'm pretty sure if I led a ride and the waiver I had signed and witnessed stated "I hold the leader of this ride free of any and all liability and understand that this is a highly dangerous activity that can result in critical injury including death" that I could present it in court and it would stand and wouldn't cost me one red cent.
3. You want to ride and try for a suit?
You know, I would also think that if an old lady drives away from a McDonalds with a hot cup of coffee then spills it on her own lap a few blocks away, that McDonalds doesn't owe her dumb anything. Never underestimate the stupidity of the US courts.
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Old 12-06-2011, 06:51 PM   #45
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Quote:
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1. It says they were cleared (of wrong doing)
2. I guess I'll start making riders sign a release
That's a very good idea! Always cover your back!!!
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Old 12-06-2011, 11:25 PM   #46
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Quote:
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You know, I would also think that if an old lady drives away from a McDonalds with a hot cup of coffee then spills it on her own lap a few blocks away, that McDonalds doesn't owe her dumb anything. Never underestimate the stupidity of the US courts.
You don't know enough to comment on that case.
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Old 12-06-2011, 11:29 PM   #47
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You know, I would also think that if an old lady drives away from a McDonalds with a hot cup of coffee then spills it on her own lap a few blocks away, that McDonalds doesn't owe her dumb anything. Never underestimate the stupidity of the US courts.
Like the stupidity of people commenting on things it seems they haven't bothered to research?
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Old 12-06-2011, 11:52 PM   #48
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This judge knew how to call it.
and this was in the United Kingdom, which is obviously a nanny-state.
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Old 12-06-2011, 11:54 PM   #49
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think they "defended" themselves or hired attys ?
so how do you feel about a system that requires someone to shell out big bucks simply as a matter of course?
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Old 12-07-2011, 12:15 AM   #50
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Old 12-07-2011, 01:01 AM   #51
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dude... all I can say is that not matter the debate..people will always go on rides, and people will go down.. unfortunately...There will always be someone leading the "pace" and yes their are more factors in the chain of events that is a final mistake which causes a rider to go down... Usually their are more than one or two factors that can cause someone to go down.. rarely is it one cause or a random single factor or accident....

No matter what people that know what they are doing and that doesn't necessarily make fellow rider responsible for something that another person does.. IMO it is inevitable and we should just try to educate those who are in the group ride and be learn the riding of who your riding with...

I hope none of the riders I ride with would ever try to sue me for riding with them.. you better hope that you have a good lawyer and able to prove others are at fault for an accident. I just don't think that would happen.... I guess its important that you try to adjust your riding style and trust who you are riding with.

Then again...the waiver is good, but even if someone lies to the leader about their skills and goes down, does it really matter.. If so you can apply the same to all sports that involve risk.. Do they fine football players for breaking each other... or rugby, soccer..how about boxing... (controlling chaos) or any other sport for that matter..do the players sue the coaches for their injuries..not sure if you can classify this in the same group with liability or pre-ride knowledge, Each person that rides should already have an understanding that they are taking a risk every time ride a motorcycle.. especially in a group. Sometimes the person "sweeping" is the one who has to go faster than the group to catch up if he is behind...and most rides I have been on the lesser experienced rider is the last.. Who even knows if they go down until the group leader actually stops and has to go back and look hoping the rider is okay..
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Old 12-07-2011, 01:16 AM   #52
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Quote:
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dude... all I can say is that not matter the debate..people will always go on rides, and people will go down.. unfortunately...There will always be someone leading the "pace" and yes their are more factors in the chain of events that is a final mistake which causes a rider to go down... Usually their are more than one or two factors that can cause someone to go down.. rarely is it one cause or a random single factor or accident....

No matter what people that know what they are doing and that doesn't necessarily make fellow rider responsible for something that another person does.. IMO it is inevitable and we should just try to educate those who are in the group ride and be learn the riding of who your riding with...

I hope none of the riders I ride with would ever try to sue me for riding with them.. you better hope that you have a good lawyer and able to prove others are at fault for an accident. I just don't think that would happen.... I guess its important that you try to adjust your riding style and trust who you are riding with.

Then again...the waiver is good, but even if someone lies to the leader about their skills and goes down, does it really matter.. If so you can apply the same to all sports that involve risk.. Do they fine football players for breaking each other... or rugby, soccer..how about boxing... (controlling chaos) or any other sport for that matter..do the players sue the coaches for their injuries..not sure if you can classify this in the same group with liability or pre-ride knowledge, Each person that rides should already have an understanding that they are taking a risk every time ride a motorcycle.. especially in a group. Sometimes the person "sweeping" is the one who has to go faster than the group to catch up if he is behind...and most rides I have been on the lesser experienced rider is the last.. Who even knows if they go down until the group leader actually stops and has to go back and look hoping the rider is okay..
If I ever died doing what I loved, I would never blame anyone!!! Just tell my wife that I will be haunting her in a good way.... Plus I would be haunting all of my friends in a good way. When ever you would get squirley, I would push your tire back onto the road. I would be your angel looking out for you.
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Old 12-07-2011, 01:27 AM   #53
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One more reason NOT to post rides..
Hang around this site long enough and you'll see the cycle repeat over and over.

Best bet is for public rides to be "non-spirited". Altho, you can still have people go down on "relaxed" rides. Just takes a moment of not paying attention.

It sucks that you have to worry about lawsuits.. but that is the world we now live in.
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Old 12-07-2011, 05:34 AM   #54
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Quote:
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You know, I would also think that if an old lady drives away from a McDonalds with a hot cup of coffee then spills it on her own lap a few blocks away, that McDonalds doesn't owe her dumb anything. Never underestimate the stupidity of the US courts.
Did she sign a waiver before she purchased the coffee?

I don't have McDonald's money
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Old 12-07-2011, 06:30 AM   #55
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Originally Posted by Bevo View Post
Did she sign a waiver before she purchased the coffee?

I don't have McDonald's money
She missed the "common sense says coffee may be HOT and not to be applied to VJJ" waiver...

And the dumb courts let it go thru.. something about the temp setting on the coffee pot being too high... again... DUH!
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Old 12-07-2011, 07:43 AM   #56
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They're both hot...which do you want in your lap?

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Old 12-07-2011, 08:58 AM   #57
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Did she sign a waiver before she purchased the coffee?


what if she DID?....
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Old 12-07-2011, 09:01 AM   #58
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Quote:
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what if she DID?....
What if I ride faster than the speed of light?
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Old 12-07-2011, 09:18 AM   #59
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What if I ride faster than the speed of light?
W2Aal
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Old 12-07-2011, 05:17 PM   #60
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Like the stupidity of people commenting on things it seems they haven't bothered to research?
http://www.slip-and-sue.com/the-famo...uit-revisited/


ok...she wasn't a few blocks away. Pardon me for not remembering every single detail right off of the top of my head. I still say the stupid woman shouldn't have received a dime, just as anyone participating in a "ride" should not attempt to hold the leader of said ride liable for their own stupid mistakes.
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