$500,000 in Ditch Damages

see: http://www.smh.com.au/articles/2003/12/09/1070732200740.html

Sounds great BUT this is gonna make it harder for everyone else.

<snip>
Mr Casey sued Ms Robinson and her father, Keith Jeffrey, for negligence,
claiming Mr Jeffrey had dug the ditch without warning him.

</snip>

FFS - is this rider a moron ?



- peteZ

 

Quite the opposite, I would say...

 

In aus.motorcycles on Tue, 09 Dec 2003 05:55:58 GMT

Why?

because he leases a property from someone, and was riding a trail he
rides every day, knew very well, and had no reason to believe there was
a dangerous bit of work been done because no one who *should* have told
him did? It's not going to be a trail where odd things happen that the
rider should be wary of, it's his own backyard.

As the judge quite rightly recognised.

Zebee

 

Pete,

Sounds fair to me. I wouldn't except my landlord to made modifications to
the property I lease without letting me know about the work being carried
out, especially where there was such clear potential of injury, as in this
case.

As to whether the rider is a moron - well, you wouldn't catch me on a trail
bike, BUT consider the speeds you can do on a roadbike, and how much harder
sealed roads and cars are compared to dirt...

Cheers,
Mark

 

Odd that someone would dig a 6 inch ditch directly across a trail for
only 2 metres.
Makes you wonder exactly what the motivation was.

Sounds like a fair judgement.

 

15 cm x 15cm, most people hit pot holes bigger that this, hardly enough to
make someone who knows how to ride come off unless your going with the ditch
and your wheels get caught in the ditch but at 30kmh come on, plus at that
speed the rider should have been able to stop if he was looking where he was
going.

I feel sorry for what this means to land owners.

 

My vote is with Zebee on this one - the rider had ample reason to not
expect there this ditch on a familiar trail on his leasehold property.

If some council suddenly dug a trench along my street and failed to warn me
(in some fashion, warning signs, etc) I'd be at a significant risk of
injury - we all relax a little on the roads we know very well, no matter how
much we might claim otherwise.

Manning

 

duty of care , the rider was a dick , any time on a motorcycle is seconds away
from a problem , relax your guard and make assumptions as this person did ends
in disaster
see the scotch squirrel post.

 

He was leasing the land

Why would the owner dig a ditch that was relatively small and only 2
metres long ?
What use could it possibly be except to catch out somebody riding
along the trail ?

 

PS a 15cm x 15cm pothole took out a 2cm x 15 cm strip out of the rear
mag wheel on my VTR. I didn't drop it but it was close.

 

what about if the 6inch by 6inch trench ran along the track, not across it.

If I leased land and someone dug a trench on my track, I sue too.

 

surely if it were *across* the trail you would just ride over it, a 15 cm
rut would not 'swallow' a wheel?
it were across the trail then it could be for drainage
if it were along the trail then it is likely to cause you to crash if a
wheel falls in it...probably his front wheel fell in it and the whole plot
turned turtle leading to rider under bike...now if he had been going faster
he might have been thrown clear

 

surely if it were *across* the trail you would just ride over it, a 15 cm

Was thinking the same, unless it was a PW!

 

It probably means that land owners cannot enter the property they lease to
someone else and perform any work without asking permission... so its just the
status quo. Nothing to get excited about.

Nev..
'03 ZX12R
'02 CBR1100XX

 

15 cm x 15cm, most people hit pot holes bigger that this, hardly enough to

Which if you look on any rental agreement is prettty much the status norm, the oly exemption
is when crucial work MUST be carried out, like if there was an electrical fire, or the plumbing
shat itself while the tennant was away. But in general they have to get permission, or at least
give a reasonable amount of notice.

Mike.S