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should I sue?(35 posts)

should I sue?se7en
Feb 15, 2003 9:43 AM
Got taken out in the final sprint of a road race, but the worst part is that my sunglasses cracked and a piece of it lodged in my upper cheek, barely missing my eye. It made a big hole and I have a ton of stitches. Sunglasses should be protection, even in a crash. these glasses are made and advertised for cycling and racing, should I sue?
Also, any recommendations for which glasses to get next? I'm looking at the Oakley M frames.
I think you do have reason to suePODIUMBOUNDdotCA
Feb 15, 2003 9:59 AM
Considering oakley used to have all those ads where they test their glasses in extreme circumstances on dummies faces and weird looking machines to see if they will break I would have never expected it from an Oakley M frame.

I'd say talk to a lawyer... show him some of the ads and go from there.

Nick
PodiumBound.ca
I think you misreadFrith
Feb 15, 2003 10:21 AM
He said he's looking at the oakley's as a replacement. He doesn't name the offending glasses although I'm pretty sure he's not buying the same ones in an attempt to lodge them in his face for a second time.
I think you do have reason to suebugleboy
Feb 15, 2003 12:15 PM
Nick, Nick, Nick... did you always to crying to your mother when things didn't go your way.
Who the...PODIUMBOUNDdotCA
Feb 15, 2003 7:40 PM
Who the $%^& are you?
Ooops misreadPODIUMBOUNDdotCA
Feb 15, 2003 7:42 PM
I misread the post and thought they were Oakley's. If they are any reputable manufacturer their lenses should be shatter proof but if they were just cheap $20 glasses then I don't think you have anything since no promises were made... even with companies other than Oakley I don't know if theres anything to go on.

Nick
PodiumBound.ca
nope, it's a crash...merckx56
Feb 15, 2003 10:29 AM
shit happens. A good lense shouldn't come apart like that.
Oakley used to advertise that their lenses could withstand a 1/4" bearing shot at 100 mph. Jesse James and the Monster Garage crews on Discovery Channel use Oakleys as safety glasses!
Send the manufacturer of your glasses a tersely worded email and tell 'em you're pissed. You may get some free specs out of the deal. Then sell the freebies and get some $ to recoup you med bills! I know, I'm a sneaky bastard!
re: should I sue?koala
Feb 15, 2003 10:48 AM
How much risk is assumed when you race and what is reasonable protection in a bike race for sunglasses?
re: should I sue?bugleboy
Feb 15, 2003 10:55 AM
That's almost as bad as somebody trying to sue McDonalds for being fat. You crashed, I would be thankful that I came out with stiches and no real major injury.
Be grown up about it.CJ838
Feb 15, 2003 11:06 AM
Sue? Really? It's people like you that make real lawsuits look frivilous. You were RACING! Sh@t happens. It was really your fault for not being a better racer and keeping yourself out of a dangerous situation. I am no lawyer, hate all of them, but take your lumps like a grown up and move on. Consider it a war scar, makes a great story, but not if you whine about it.

I was rock climbing a few years back. I slipped on a rock, and fell 60 feet. My right underarm got caught on an old root. I had 60 stitches and I've lost 5% of the upper movement in my arm. Should I sue the talcam powder company, or the shoe company. Both failed to keep me from slipping...LOL.

Lighten dude. You got hurt, get over it.

CJ
hey CJse7en
Feb 15, 2003 12:33 PM
First of all, I was taken out by some dumba$$ rider, it wasn't my fault, I'm just suffering the consequences of somebody else's erratic riding. So don't tell me its my fault for not being a better bike racer. I'm OK with all that, I accept it, its a part of racing-understood. The sunglasses is another issue, I would question it even if I wasn't in a race. If it wasn't for the glasses I would have walked away with just scrapes. Besides, maybe somebody on this site will have gone through this and can give some experience....just wondering
Yes but...CJ838
Feb 15, 2003 1:33 PM
You're still whining about it. That's the chance you take racing. You're gonna get some bad racers. It's still your fault. Be a man, at least we can respect that. Sueing is for real problems, or people looking for an easy pay-off. Are you the second?

CJ
The rules of racing:Alexx
Feb 15, 2003 11:35 AM
1) Racing is dangerous.
2) Sometimes you crash
3) Sometimes you get injured
4) Sometimes, people get killed
5) You sign a waiver before you race, stating that you are willing to take the risk.
Maybe you'll find a lawyer crazy enough to take this case, but I'd bet that you'll get laughed out of court if you pursue it.
Um, yeah, butdjg
Feb 15, 2003 12:54 PM
it's unlikely that the waiver--even if it's rock solid--just looks to absolve a particular party (or parties) from liability, not every possible wrongdoer. I mean, what the heck, if the guy needed stitches because a spectator threw a beer bottle at his head (and hit him) would you argue that he shouldn't look for compensation from (or expect a criminal arrest of) the spectator just because he signed some boilerplate absolving the USCF and the race organizer from liability?

Look, I don't know what happened here and I'm not giving advice on what the guy should do. Maybe this was just one of those things, however unfortunate, or maybe this was a case of something being seriously wrong with a product and/or its advertising. Beats me. I don't think that the fact that he was racing necessarily answers the question, that's all.
Sorry, meant to type "likely"djg
Feb 15, 2003 1:00 PM
rather than "unlikely" in that first line.
Bad Form.MR_GRUMPY
Feb 15, 2003 12:26 PM
If you sue, you will become the butt of every joke for the next year or two.
Bad Form.abelson
Feb 15, 2003 1:58 PM
Not only in IMHO did you assume the risk by racing. But is the glasses company really at fault or the guy who took you out?
re: should I sue?gregario
Feb 15, 2003 2:01 PM
Although I don't think this post even deserves a response....

No. Do not sue. You assume the risk when you race. If you don't want to take any chances of getting hurt, stay at home on the couch.

Jeez.
OTOH....Lone Gunman
Feb 15, 2003 2:33 PM
Glasses just don't come apart. What did your glasses hit that caused them to break/shatter and pierce the skin. One could just as easily argue that the glases saved you from serious injury by deflecting whatever it was that struck them.
LG, that makes too much sense....Dave Hickey
Feb 15, 2003 3:06 PM
This guy shouldn't be racing if he's going to sue everytime he crashes. To the original poster: It's YOUR fault. It's not the guy that hit you or the sun glasses. You are the one that decided to race. Nobody made you go out and race.
$hit happens. Get over it.
re: should I sue?mackgoo
Feb 15, 2003 2:43 PM
Yeah sure sue, then we can all pay an extra 50 bucks for our sun glass'. Cyclo-cross an excellent net parts place in the UK won't sell to the USA because of the "litigous" atmosphere here. We all suffer.
I am sorry to hear of your miss hap.
Come to think of it maybe every one in the pack should sue you. I'm sure some lawyer could come up with something.
Think of the New Warning Labelsastrobiker
Feb 15, 2003 3:25 PM
In the wildly unlikely event that you would win such a suit... we would all be treated to some new goofy product liability warnnings like:
WARNING - for protection from sunlike only. Not warranted for grinding your face into pavement.
hah... this guy is serious aint he.YoungRcR
Feb 15, 2003 3:45 PM
Get over it. I was in a cat. 3 race, just after crossing the finish line, the race was over, everyone was relaxing. Like most people do, the ride behind me dropped his head from being tired... in-advertently swirving into my rear wheel... causeing his front skewer to shred every spoke in my rear wheel and making both of us hit the pavement... but before that, the broken spokes continued to spin with the wheel, slashing and gouging the hell out of my chainstays and rear derailer. I get up, wipe off and naturally im pissed, but the point is that its a part of the freakin sport.

Am i gonna sue the manufacturer of the spokes? NO, how about the manufacturer of the power/carbo/bullshit drink the other guy used during the race that didnt keep him from being tired... NO... oh wait! Surely i can sue this riders coach too... what do you guys think?!?!

Get over it. Something just tells me that you are a cat. 5 or 4. If you ever plan on progressing in bike racing, get some balls and suck it up every once in a while, your gonna crash, your gonna get hurt, but always remember, as long as your still alive, it could have been worst.
Sue? NO! However, this post exemplifies the "roadie elitism"...serbski
Feb 15, 2003 5:51 PM
that is so often leveled at cyclists. Do cat.3 and above racers always just "suck it up" and take their lumps? I think not. Correct me if I'm wrong here (and maybe someone will give me the rider's name) but a team leader in this year's Vuelta (a Euskaltel rider, I think) was threatening to sue the race organizers after he ran over a chain that was in the road, causing a brutal accident. Facial lacerations and broken bones etc. This guy is a world-class pro and he apparently was lacking the "balls" to "suck it up". Should he be relegated back down to a cat 5? Man, cycling has been a godsend as cross-training for marathoning but this "something tells me you are a cat 5 or 4" type of elitism is a real turn-off to the sport. I think the Vuelta rider/accident victim proves that riders at *any* level, rightly or wrongly, might consider a lawsuit in some instances. It's the *individual*, not their ranking, that infuences such choices.
The Jerk.ryder1
Feb 17, 2003 4:14 AM
Yes, and the warning label would be in very small print on the lense, right on the bridge of the nose. It would cause everyone who wore them for extended periods to go cross-eyed, resulting in a class action law-suit against of all people, Steve Martin.
assumption of riskDougSloan
Feb 15, 2003 4:02 PM
Sorry, out of luck. (state law could vary, though) You assume the risk of such things in races or group rides.

http://www.courtinfo.ca.gov/opinions/documents/B153258.PDF
re: should I sue?lc21998
Feb 15, 2003 6:50 PM
A bunch of folks addressed whether you SHOULD sue. But you first have to know whether you COULD sue. That depends on what happened, which you don't mention and probably don't even know. In other words, if your glasses hit hard against something sharp (a rock, a skewer, etc.) the fact that they broke would not be surprising. On the other hand, if they just hit some soft dirt, maybe something was wrong with them and you might have a claim. I'm guessing you don't even know what you hit, which means that you probably have no case.

This just illustrates a problem with all the people telling you to "suck it up." Yes, some bumps, bruises, and crashes are part of the game. Some are not, however. One might expect that some people will go down during a race, but one shouldn't have to worry that a chain will be lying across the road. In other words, some things are worth suing for and some things are not. Because we don't even know what happened here, it's jumping the gun to just yell out an answer.

In the interests of full disclosure, I'm a lawyer. (I don't do products liability though. I do criminal defense, which means everyone hates me until they need to hire me. I don't do violent crime, however, only tax, fraud, etc.)
thank you, this is what I was looking forse7en
Feb 15, 2003 7:16 PM
I'm just posing the question, the thought of sueing never even occured to me until some people mentioned it to me. I just figured I'd post the question to get some other "good" opinions. All this "suck it up" and tough guy stuff is stupid, this goes without thinking. Of course its part of the game and sport, its common sense. I'll be back training as soon as the stitches are out (in two days). I didn't mean to piss anyone off or cause anger. I agree, should have worded it COULD instead of SHOULD.
Even if you COULD sue, is it worth it?ms
Feb 15, 2003 7:31 PM
Whether you could sue is something that is hard to say from your skeletal facts. But, assuming that you could sue, is it worth it? I am a lawyer, but do not do personal injury work. Some injuries have some value, others do not. From what you have said, your injuries do not sound too serious (other than the possibility of a permanent facial scar). Many times the aggravation of litigation is not worth the potential recovery. On the other hand, sometimes it is worth it. Given all of the variables with your situation, whether you have a worthwhile case is hard for any of us to say. How serious do you consider your injuries to be?
sunglasses arnt made to protect you in the event of a crashbenja15
Feb 15, 2003 6:56 PM
it sucks that they broke and cut you, but they arnt designed to protect you in a crash and are designed to provide with wind/sun shielding
re: should I sue? One more point.lc21998
Feb 15, 2003 7:43 PM
I forgot one point: a waiver only works for the party asking you to sign the waiver (i.e., the race people). It doesn't cover the people who made the sunglasses.

And remember: Lawyers don't sue people. People sue people.

Also remember: Lawyers don't write laws. Legislatures do. And lawyers don't award damages, juries do. On those juries are 12 non-lawyers who are people just like you.
re: should I sue? One more point.ripper
Feb 17, 2003 1:06 AM
also remember: guns dont kill people, people kill people. the logic is gettin a little shaky.
Ummm... no.jtolleson
Feb 15, 2003 8:37 PM
Others have pretty much covered it. We assume the risk of crash-related injury when we race (including being cut or impaled by fractured gear). I think that if you told any manufacturer that you were relying on sunglasses for "protection, even in a crash" you'd be laughed out of court.

Helmets are for head protection. Sunglasses are for UV protection. There is nothing I know of for "face" protection in a crash.
re: should I sue?Klein_man
Feb 17, 2003 9:22 AM
To address the "what glasses do I get next" question...if you are looking for protection and functionality, I would recommend the Oakley M-Frames. Let me first say that I currently wear Smiths, so I am not biased from what I wear. My cousin (invited several times to try out for Team USA Mens Fastpitch) got hit twice in the face playing fast pitch softball in the world league tournament (pitches come in around 80 mph from a mound 60 feet away). The first incident he was playing third base and took a line drive off the bat directly in his eye as he was running forward thinking it was a bunt. The second time occurred the following year as he was batting and took a rise ball to the bridge of his nose. Both times he was wearing the M-frames and just required a lot of stitches and time to let the swelling go down...plus pain meds (think "The Elephant Man"), had I not known him, I wouldn't have recognized him due to the swelling, but he can still see so he will only wear Oakley while playing ball now. Will they stop all projectiles/sharp objects/pointed rocks/etc.??? Maybe not, but after seeing my cousin's face (twice) I would go Oakleys if I was worried about shatter resistance.
Were they cutouts?Kristin
Feb 17, 2003 9:51 AM
You know, the kind with no frame around the bottom? I've been saying for 2 years that those things are dangerous. And everytime I jump up on that soap box, some Fred Posuer knocks me down again. I've read several accounts online of people being cut badly by these things. Including one guy whose nose was totally amputated in a crash. But hey, they make you look faster!