|Hey Doug about your case||Live Steam|
Dec 15, 2003 8:08 PM
|I was in my friends shop today and we were talking about insurance. He is shopping around for new coverage. I mentioned your case to him. He was wondering if your client is a UCI member. According to him the UCI constantly sends out reminders about replacing bars and other light weight stuff each season. If your client is a UCI member, could this hurt your case? He thinks the guy should bear the responsibility of his "stupidity", was how he put it. He believes, as I do, that any experienced racer/cyclist should and would know that bars and other light weight parts such as cranks need to be replaced periodically because they could fail due to fatigue. Does "common knowledge" come into play here?|
Dec 15, 2003 8:44 PM
|No, he wasn't a UCI member, not even USCF. He pretty much only did double century type events.
How can anyone call it "stupidity" if no one told him? I'd never think to replace these parts, either, and I ride a lot. Some may think it's "common knowledge," but maybe it's not so common.
Common knowledge is irrelevant. Only his knowledge matters, and even then it's only possible that it may constitute assumption of risk, comparative fault, or defeat a failure to warn claim. However, if he had no knowledge, then none of that matters.
He doesn't spend time on the internet discussing these things. He just rides his bike.
|so he was just a "normal" double century rider?||dr hoo|
Dec 16, 2003 3:34 AM
|And not one of those internet FREAK double century riders?
|here did this "normal" thing come from? nm||DougSloan|
Dec 16, 2003 7:34 AM
|uh, "where" nm||DougSloan|
Dec 16, 2003 7:36 AM
|sorry about the "s||dr hoo|
Dec 16, 2003 7:41 AM
|I think I extrapolated from "He just rides his bike". Which sounds pretty normal.
dr (internet freak, not DC freak) hoo
|Hmm, normal double century rider||Live Steam|
Dec 16, 2003 5:33 AM
|I never thought it was normal to do a double century. I used to think those guys were nuts :O) Now, after doing quite a few centuries, I know they're nuts :O) (My personal longest is 147 miles) I am pulling for ya', but I still can't help but think this guy is either really out of it or isn't honest about what he knows. I know it doesn't matter because he claims what he claims and the rest is up to the jury. To me, an average rider, who has never done a double century, knows that certain parts need to be monitored and/or relpaced because fatigue compromises their structural safety. But I guess I am more informed about these issues because of RBR :O) Well good luck and let us know how it turns out!|| |