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Acceptance of the risk? Bah!

Discussion in 'General Motorcycling Discussion' started by Sooty, Aug 29, 2009.

  1. http://www.morrisdailyherald.com/articles/2009/08/26/24581627/index.xml

    August 27th 2009 (so soz if repost)

    Friends don't let friends ride Harleys.
  2. el stupido.

    owner should reword 'loan' into 'theft' and counter-sue the fcuk out of him
  3. I don't let anyone ride my bike, ever, and it's not worth near as much as a Harley.

    Seriously, though, this sort of vexatious litigation makes the law a laughing-stock, and breeds all those stupid "Don't open this can with a .303 rifle"-type warning labels. Regrettably there is no law which protects people against the results of their own stupidity, both lender and borrower, in this case, so it seems.
  4. IANAL... well there's Volenti non fit injuria which I learned about in legal studies. However in this case that "Contributory negligence" thing probably applies. They're both idiots.
  5. The one who got hurt did something he knew he shouldn't have done and now wants someone else to pay for it. Yes, its a fantastic system we have which allows that.
  6. err, THEY have

    Local news and videos from Grundy County, Illinois
  7. Loaning a bike to someone is like loaning someone your tools or your missus, all 3 are gunna come back phucked.

    Mates dont let mates ride unlicensed or (dare I say it) out of class. but essentially its the same thing

  8. I don't advocate letting someone use a vehicle they aren't legally allowed to ride/drive. The Harley owner was stupid for doing that. The unlicenced rider was just as stupid. My point is that I don't think he should be allowed any right to sue a dummy for both of them being dummies. I see it pretty much the same as asking a mate for their snowboard, falling and breaking a limb then litigating against them for allowing me to do that because I'd never been on skis or a snowboard before. It isn't quite right IMO.
  9. yeah that bit doesnt sit real well with me either.........

  10. It's just the world we live in today. Personal responsibility is rare, it's always someone else's fault.
  11. Pitty he was only hurt, hope the bike was a total wreck.
  12. Only in America, the home of Litigation :grin:
  13. Ah therein lies the key.
    The laws in the US are way way different than here.
  14. +1 No Public health system.
    No compulsory third party injury system as far as I know? (Could be wrong)

    So if you are injured and required ongoing medical treatment you have to find some way of paying it. The market is king in the USA.
  15. Wondering if there is a defence?

    The owner knew the rider didn't have a bike licence but that is not relevant since a Harley doesn't really qualify as a real bike.

    Mind you if he also knew the guy didn't have a truck licence...?
  16. Funny, what I was 18, I borrowed a bike from a family friend, rode it, accidentally binned it, and I didn't sue. I payed him the value of the bike (not a Hardley; only a $3500 Dominator 650, and he didn't excessively mind [being on a 100 grand a year salary.]) - I f**ked up, I buggered his bike, I payed him for it. Funny that, thinking it was his fault didn't even factor in my mind-

    Main story short, you f**k up, you admit fault and do the right thing.

    Dude in the story deserves to get legal costs + damages on top of the case failing.
  17. I wonder if it's a case of I'm actually suing your insurance company? Like if I have full insurance, my mate crashes and he is FUBAR. I feel a bit guilty, see a loop hole where if he sues me my insurance will pay for it. My premium goes up a little, I fork out an excess but my conscious is clear. Anyone know if that could be a possibility?
  18. Correct, and as it should be.

    Liability insurance is required everywhere as far as I'm aware. However, that only covers people you hurt, not yourself.
  19. The Harley owner would have to have liabilaty insurance, its law., so thats who will eventually pay the injured rider. Then the owner will be sued by the insurance company.
    A yank friend of mine told me that he was at the end of a 3 car rear-ender, being the last car he was at fault, his insurance co paid up and then nearly sent him to the wall to recoup their losses.
  20. Here? I'm indifferent, it doesn't matter to me. It's in place and nothing will change that.

    In the US? Myriad reasons:

    It's not the fed govt's job
    They'll screw it up
    There's no money for it
    It'll lead to even more stupid laws regulating our private lives
    It'll screw up the private market
    and many more…

    It's already the government's fault that the insurance situation in the US is messed up (and most of the system is fine. Most of the people bitching about cost don't do their homework or have unreasonable expectations). The answer is not for the government to take control, but to undo the damage they're already responsible for.