Sueing a bike park
Discussion
https://www.edp24.co.uk/news/26219754.thetford-mou...
This isn’t the first time something like this has happened but I always find it strange. Got to take responsibility for your skill level and the difficulty of features you want to do
This isn’t the first time something like this has happened but I always find it strange. Got to take responsibility for your skill level and the difficulty of features you want to do
Unless I'm missing something he braked hard to avoid a feature of the course and in doing that he went over the handlebars and landed on his head?
Difficult to see where the liability exists in that. Might have had more of a case if using a ramp that collapsed or there was a hazard in the landing zone, but this all sounds self inflicted?
Doesn't even look like one you could maybe marginally blame someone for, like when I got a stray fallen branch through the front wheel and did a perfect rotation over it to land head first.
Difficult to see where the liability exists in that. Might have had more of a case if using a ramp that collapsed or there was a hazard in the landing zone, but this all sounds self inflicted?
Doesn't even look like one you could maybe marginally blame someone for, like when I got a stray fallen branch through the front wheel and did a perfect rotation over it to land head first.
Snake Run is one of the older lines at CS, and there are a few small doubles on it, it even says so at the start of the run...terrible outcome but definitely nothing to do with the park. Onus is on the rider to ensure they have the skill to get down the line, which is why you should always do a sighting lap when you ride somewhere new.
Can't imagine this would be successful, especially as there is a waiver in place...
https://chicksandsbikepark.co.uk/pages/waiver
Can't imagine this would be successful, especially as there is a waiver in place...
https://chicksandsbikepark.co.uk/pages/waiver
There is even a video on the CS site that clearly shows the doubles.
https://chicksandsbikepark.co.uk/pages/downhill
https://chicksandsbikepark.co.uk/pages/downhill
I feel for the guy, pretty horrible injuries and brings home the harsh reality of doing MTB stuff... but that's the thing, the harsh reality is it's potentially dangerous, life threatening even but those are the risks you accept when you get on a bike be it to wobble along to the shop or hurl yourself down a trail.
The sad thing is, cases like this are sometimes all it takes to change how bike parks operate and could lead to trails closing or being paid access where you have to sign a waiver before you're allowed anywhere near the place.
I don't see how there's a case here though... what was expected? It's an MTB trail, it's going to have features but whether they're doable or not comes down to your own ability. In this case he decided he was lacking the skill, reacted, crashed and blames the bike park? Yet plenty others have probably ridden it without issues which kinda suggests the issue isn't with the trail, it's with the individual.
As said, horrible incident. Hope he continues to make good progress.
The sad thing is, cases like this are sometimes all it takes to change how bike parks operate and could lead to trails closing or being paid access where you have to sign a waiver before you're allowed anywhere near the place.
I don't see how there's a case here though... what was expected? It's an MTB trail, it's going to have features but whether they're doable or not comes down to your own ability. In this case he decided he was lacking the skill, reacted, crashed and blames the bike park? Yet plenty others have probably ridden it without issues which kinda suggests the issue isn't with the trail, it's with the individual.
As said, horrible incident. Hope he continues to make good progress.
I do ride a mixture of official business bike parks and mostly unofficial trails networks all the time, if it’s a new trail or not ridden it in a while always do a sighting lap to see what is were. The one time I did not do this and just followed a mate in (because I know he a good rider and has ridden the trail before) he decided he was going to do some filming so costed down pulled to the side - I had already committed to it, had to do extra pop but still landed 50/50. My own fault and not his. Lesson learnt.
I doubt he will win and if he does can see it being hard for chicksands to afford to pay out
I doubt he will win and if he does can see it being hard for chicksands to afford to pay out
I've just recovered from an OTB onto the sawn edge of a tree stump resulting in 5 rib fractures and a collar bone due to landing on my deltoid...few inches the other way and it would have been my neck.
So I have incredible sympathy that he finds himself in that situation as if we're honest, we've probably had offs that could have ended similarly.
But...I find it disgusting that he's suing the park given the situation. All parks are very clear that it's an inherently risky sport and that there are required skills per grade. Does chick have a squirrel catcher at the start of its trails?
Coincidentally I was watching a vid of Revs the other week...I think they could be on shaky grounds given the huge amount of sharp edged tree stumps just off trails like the mainline, left after the forced deforestation. I suspect that would fail a reasonable practicality test.
So I have incredible sympathy that he finds himself in that situation as if we're honest, we've probably had offs that could have ended similarly.
But...I find it disgusting that he's suing the park given the situation. All parks are very clear that it's an inherently risky sport and that there are required skills per grade. Does chick have a squirrel catcher at the start of its trails?
Coincidentally I was watching a vid of Revs the other week...I think they could be on shaky grounds given the huge amount of sharp edged tree stumps just off trails like the mainline, left after the forced deforestation. I suspect that would fail a reasonable practicality test.
Note - I'm not sure of all the details.
There was a case of a chap having a day in the Surrey Hills with a guide/coach and he had successfully completed a section of trail and then returned to do it again with the guide/coach. This time he didn't finish the section and suffered a serious injury. The chaps insurance policy provider got involved and successfully sued the guide/coach. As I recall the chap had a wife and 2 small children plus a good career and the insurance company didn't want to pay out. The insurance company won. This was over a decade ago.
Tragic event that nobody wants but I hope the bike park have all the relevant health and safety requirements well and truly covered.
There was a case of a chap having a day in the Surrey Hills with a guide/coach and he had successfully completed a section of trail and then returned to do it again with the guide/coach. This time he didn't finish the section and suffered a serious injury. The chaps insurance policy provider got involved and successfully sued the guide/coach. As I recall the chap had a wife and 2 small children plus a good career and the insurance company didn't want to pay out. The insurance company won. This was over a decade ago.
Tragic event that nobody wants but I hope the bike park have all the relevant health and safety requirements well and truly covered.
Got a link to this? I vaguely remember it. I’ve ridden Surrey Hills etc etc etc for years and it’s firmly in the rider beware arena when you approach a trail you aren’t aware of/done and honesty over your skill levels.
I remember coming off a couple of times on some cheeky trails with a Guide in Tenerife although that was heat exhaustion not skill- he thought I was good but it was rider error.
I remember coming off a couple of times on some cheeky trails with a Guide in Tenerife although that was heat exhaustion not skill- he thought I was good but it was rider error.
I worry he may have a chance of winning the case, I thought Swinley closed the jump gully due to being sued all the time, even there were signs to say ride at your own risk. Looking at the skills/jump area now it's clear they don't want people riding there who shouldn't be.
It's one of the dangers of this sport we love, no one wants to see it happen but it can. I've an acquaintance who had a massive crash at BPW 2 years ago and is still suffering with his brain today.
It's one of the dangers of this sport we love, no one wants to see it happen but it can. I've an acquaintance who had a massive crash at BPW 2 years ago and is still suffering with his brain today.
TGCOTF-dewey said:
I've just recovered from an OTB onto the sawn edge of a tree stump resulting in 5 rib fractures and a collar bone due to landing on my deltoid...few inches the other way and it would have been my neck.
So I have incredible sympathy that he finds himself in that situation as if we're honest, we've probably had offs that could have ended similarly.
But...I find it disgusting that he's suing the park given the situation. All parks are very clear that it's an inherently risky sport and that there are required skills per grade. Does chick have a squirrel catcher at the start of its trails?
Coincidentally I was watching a vid of Revs the other week...I think they could be on shaky grounds given the huge amount of sharp edged tree stumps just off trails like the mainline, left after the forced deforestation. I suspect that would fail a reasonable practicality test.
Well said.So I have incredible sympathy that he finds himself in that situation as if we're honest, we've probably had offs that could have ended similarly.
But...I find it disgusting that he's suing the park given the situation. All parks are very clear that it's an inherently risky sport and that there are required skills per grade. Does chick have a squirrel catcher at the start of its trails?
Coincidentally I was watching a vid of Revs the other week...I think they could be on shaky grounds given the huge amount of sharp edged tree stumps just off trails like the mainline, left after the forced deforestation. I suspect that would fail a reasonable practicality test.
About 15 years back, I had 3 days in hospital in Bourg St Maurice, after a huge crash on the Cachettes, black grade downhill race track. Impact was so hard it snapped the carbon bars in two.
TLDR I should have spend 30 seconds firming up fork before dropping in. I was going way, way faster than before - I dropped the two experienced riders following into a rock/jump section and they just found my bike. I was down the back of the berm.
I never once thought to sue. I knew I was to blame and, in fact, I could see the trail from the hospital room and decided, there and then, to return next year and ride it again. Which I did. I was luck not to have broken my neck and I guess I might feel differently, had that been the case, but still could not blame the trail.
Hugo Stiglitz said:
Got a link to this? I vaguely remember it. I ve ridden Surrey Hills etc etc etc for years and it s firmly in the rider beware arena when you approach a trail you aren t aware of/done and honesty over your skill levels.
From what I heard about this the guy was a lawyer and while he viewed himself as experienced (and put this down on all the forms and wavers), his background was from road where you may view experience based on fitness and not skill. They were going down Barry knows best (an official trail over Surrey compared to the majority of unofficial trails) and came off on the roller near the top 1/4. He go back up and decided he wanted to try it again (though the guide advised not to) and it was the second attempt and failure that paralysed him. mattvanders said:
Hugo Stiglitz said:
Got a link to this? I vaguely remember it. I ve ridden Surrey Hills etc etc etc for years and it s firmly in the rider beware arena when you approach a trail you aren t aware of/done and honesty over your skill levels.
From what I heard about this the guy was a lawyer and while he viewed himself as experienced (and put this down on all the forms and wavers), his background was from road where you may view experience based on fitness and not skill. They were going down Barry knows best (an official trail over Surrey compared to the majority of unofficial trails) and came off on the roller near the top 1/4. He go back up and decided he wanted to try it again (though the guide advised not to) and it was the second attempt and failure that paralysed him. 
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