Caterham - hot exhaust - legal position if someone got burnt
Discussion
Anyone know what the legal position would be if someone burn themselves on a side-exit exhaust, like a caterham? I thought there would be something online definitive but I can't find anything at all.
My assumption (from the fact that it's not mentioned anywhere, and they are still sold/used) that it's not a problem.... which then leads to the question of why isn't it an issue? I mean, wee have to stick bits of rubber/plastic on all the sharp edges in case someone gets cut when we reverse over them, but burns are fine?
My assumption (from the fact that it's not mentioned anywhere, and they are still sold/used) that it's not a problem.... which then leads to the question of why isn't it an issue? I mean, wee have to stick bits of rubber/plastic on all the sharp edges in case someone gets cut when we reverse over them, but burns are fine?
I don't know the answer - but as someone that has owned several Caterhams and burned my legs on my own, and other peoples.......it is often in my mind.
Particularly when I used to have a road car, and children would run up - I'd always try and forewarn!
The new ones have the exhaust hidden under the rear basket don't they?
Or have I got that wrong.
Interested in the replies though.............
Particularly when I used to have a road car, and children would run up - I'd always try and forewarn!
The new ones have the exhaust hidden under the rear basket don't they?
Or have I got that wrong.
Interested in the replies though.............
The fact that you know about it, and have foreseen the possibility that somebody might get hurt by it, and as somebody else said, especially children, leaves you wide open to civil negligence claims if somebody gets hurt.
Would you be prepared to swear under oath in court that the thought had never crossed your mind?
Would you be prepared to swear under oath in court that the thought had never crossed your mind?
Grahamdub said:
Couldn't you say the same for motorbikes though ?
I burnt my leg on the exhaust getting off my dad’s motorbike way back when. Of course, short trousers then (and no crash helmets). I also got a shock off the electricity, when wrapping my fingers around a plug - no insulated portion on the pins then!Christ this place is like mumsnet sometimes 
To be clear:
1) I'm not trying to say I agree with the culture behind this kind of litigation; certainly wouldn't do it myself should I stupidly allow one of my kids to do it
2) I'm not wringing my hands in angst or struggling to get to sleep at night worrying about it
3) I'm not going to start fitting a bunch of stickers and guards to the car, or deploy cones around it
4) I'm not going to open an online petition, write to my MP or march on parliament
5) I'm not trying to sue a friend/neighbour/random third person, nor drive frozen sausages into their lawn
It was a question about the LEGAL position; because, simply put, I couldn't find anything.... which I thought was odd. Surely *someone* has tried this on in court you'd think?
To be clear:
1) I'm not trying to say I agree with the culture behind this kind of litigation; certainly wouldn't do it myself should I stupidly allow one of my kids to do it
2) I'm not wringing my hands in angst or struggling to get to sleep at night worrying about it
3) I'm not going to start fitting a bunch of stickers and guards to the car, or deploy cones around it
4) I'm not going to open an online petition, write to my MP or march on parliament
5) I'm not trying to sue a friend/neighbour/random third person, nor drive frozen sausages into their lawn
It was a question about the LEGAL position; because, simply put, I couldn't find anything.... which I thought was odd. Surely *someone* has tried this on in court you'd think?
I'm sure someone could argue that you have created a hazard to other people, or allowed a hazard to exist, and need to take reasonable steps to protect them from it. In the same way that having a lake on your property, or a rotten staircase, is hazardous.
I think the position would be different than with a bike, or a car with rear exhausts, as it is easier to identify the exhausts on those and there must be a reasonable expectation that they could be hot. If someone didn't know where the exhausts were on a caterham and brushed their calves past it in a carpark, who knows? Maybe they can string together an argument.
The flip side though, which is what people above are referring to, is contributory negligence, which allows some blame to be apportioned to the injured party, in varying degrees. If someone grabbed your exhaust with both hands for no good reason at all, perhaps that is 80% their fault? Brake discs also get hot, but i wouldn't expect liability if some random grabbed mine and burnt their hands
All very fact specific, very non-binary and very hard to be general about it, I think. Very interesting question though!
I think the position would be different than with a bike, or a car with rear exhausts, as it is easier to identify the exhausts on those and there must be a reasonable expectation that they could be hot. If someone didn't know where the exhausts were on a caterham and brushed their calves past it in a carpark, who knows? Maybe they can string together an argument.
The flip side though, which is what people above are referring to, is contributory negligence, which allows some blame to be apportioned to the injured party, in varying degrees. If someone grabbed your exhaust with both hands for no good reason at all, perhaps that is 80% their fault? Brake discs also get hot, but i wouldn't expect liability if some random grabbed mine and burnt their hands
All very fact specific, very non-binary and very hard to be general about it, I think. Very interesting question though!
Couldn't the same be said about brakes? If you/pedestrian/childs face decides to touch a disc after it's been on track then you'll get burnt too.
Little more difficult to achieve but it's not beyond the realms of Joe Public pointing out and touching a carbon ceramic disc because it looks cool, etc.
Little more difficult to achieve but it's not beyond the realms of Joe Public pointing out and touching a carbon ceramic disc because it looks cool, etc.
MrJingles705 said:
Christ this place is like mumsnet sometimes
To be clear:
1) I'm not trying to say I agree with the culture behind this kind of litigation; certainly wouldn't do it myself should I stupidly allow one of my kids to do it
2) I'm not wringing my hands in angst or struggling to get to sleep at night worrying about it
3) I'm not going to start fitting a bunch of stickers and guards to the car, or deploy cones around it
4) I'm not going to open an online petition, write to my MP or march on parliament
5) I'm not trying to sue a friend/neighbour/random third person, nor drive frozen sausages into their lawn
It was a question about the LEGAL position; because, simply put, I couldn't find anything.... which I thought was odd. Surely *someone* has tried this on in court you'd think?
TBF It may not be mumsnet, but your question is a mumsnet oneTo be clear:
1) I'm not trying to say I agree with the culture behind this kind of litigation; certainly wouldn't do it myself should I stupidly allow one of my kids to do it
2) I'm not wringing my hands in angst or struggling to get to sleep at night worrying about it
3) I'm not going to start fitting a bunch of stickers and guards to the car, or deploy cones around it
4) I'm not going to open an online petition, write to my MP or march on parliament
5) I'm not trying to sue a friend/neighbour/random third person, nor drive frozen sausages into their lawn
It was a question about the LEGAL position; because, simply put, I couldn't find anything.... which I thought was odd. Surely *someone* has tried this on in court you'd think?
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff