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All my local track where destroyed. We where never strictly allowed to ride there to start with so I just though the owners finally had enough and decided to stop us. But after talking to him it turns out after being successfully sued twice by cyclists once for damage to equipment and once for personal injury they where told the only way they could cover them self would be to actively prevent cycling. So I started looking and it turns out many other great cycling locations have been destroyed the very same way, by cyclist who where never allowed there to start with some how successfully suing the owners of the land! The way I see it is we know cycling is dangerous and its our responsibility to keep our self safe. These people who are suing are just wrecking it for the rest of us as far as I can see 🙁
the law is an ass.
"you are not allowed to be there, you got hurt, tough titties"
a quote from my manifesto
Successfully sueing? Never herd of it and I can't think of any grounds that would make a successful court case likely
With some qualification*, I'm in agreement with you. And it's sad. A time when cycling groups should come out in support of the land owners.
*that the accidents were not actually the landowners' fault.
TandemJeremy - MemberSuccessfully sueing? Never herd of it and I can't think of any grounds that would make a successful court case likely
I think the bit where the op said he spoke to the landowner had me fairly sure it can and does happen. Why else would he be told that? Why not just say 'get orf, it's my land not yours'?
Our local FC woodsfolk got in some sort of hot water after someone road-gapped a public bridleway straight into (as in four feet off the ground) a horse and rider. There are warning signs up there now but trails still open.
is there any actual evidence of anyone successfully suing a landowner in this situation? I simply don't believe it.
Op - give us some names than of the landowners who have been sucessfully sued so I can trace the records.
Have heard of this.
Could signs not be put up warning of the dangers and stating at own risk?
That's all they do at motorsport events!
Does being an argumentative knob head come natural to you TJ or do you work hard at it?
He could be telling me porkies but I don't see why he would. I suspect that even the threat of being sued would probably get the same reaction from most land owners though. I have been searching after he told me and have found other incidences of similar things happening but to be fair they all tend to be from over seas.
Its natural when I smell bullshine - and this stinks.
I've got hayfever at the moment and can't smell anything.
Not so much why the cyclist do it, but more why do the system allow for them suing the landowner.
The cyclists suing are idiots but the system is even more idiotic for allowing them to do it.
Exactly Zilog - I bet the landowner will have been threatend with legal action and panicked. - got any cases in UK ? Can you give me any names of landowners who have been successfully sued?
Edit - what were they sued for? I can see no hope of a successful legal action unless the landowner was negligent - and I cannot see how they would be unless someone had told them of unsafe stuff on their land and they didn't remove it
The landowner will have been threatened with legal action and his [b]insurance company[/b] will have panicked.
Fixed it, but otherwise right.
Whether anyone was successfully sued or not, the issue is essentially the same. Landowners are closing trails due to threats of legal action from people who hurt themselves riding where they shouldn't.
TJ, The way he told it to me was that some one had been riding though the woods and crashed in to a new drainage ditch they had dug a few days before. He was going on about they had claimed there was not adequate warning or some such. The other one he said happened before that and some one had fallen on to a barbedwire fence and ripped some kit or some such. I believe he just managed the forest on behalf forestry commission and not strictly the owner. So I guess it would be listed under the company name? I have known him for many years so just took it as fact. All the others I have seen outside of the UK most notable is big bear.
No different than those criminal ****s who get injured during the course of a crime & end up suing though is it?
(I know trespass isn't a criminal offence, but civil, however you know what I mean - that roof wasn't safe enough for me to walk on when I tried to break into that factory, so I sued them.......)
So infact no known cases in the UK.
Crashing in a drainage ditch and getting hurt on barbed wire when riding on unsanctioned trails - no case to answer.
missingfrontallobe - any of those actually been sucessful tho? I doubt it. Never been reported in the press that I know of
TJ, it has happened, isn't Trail rat or someone the expert? Certainly LA's have been sued.
Cases won't necessarily be reported or recorded if it's been settled.
Blood boiling, wanna k**l! ride and enjoy. hurt ya self bad luck. MTFU!
(also if this is ever used in a court of law to demonstrate that i hate everyone and this is the reason i went a bit "postal" then it aint cuz everybody should just chill! MAN!!!)
Even if you don't sue successfully, the landowner will have to mount a defence, and therefore incur costs.
Cynic- al - has it tho - really? Someone winning a court action on that sort of basis. I know people have tried but I know of none that have won. Surely any case that reaches judgement is recorded - Out of court settlements might not be so easy to find.
What basis do you think they could sue on give the incidents the OP outlines Do you really think that would be successful? You know far more law than I do.
LA is somewhat different as showing they a have a duty of care is easier.
Not the exact same topic, but I've heard of similar happening at rock-climbing crags ... owners have kindly allowed climbing on their land until warned - maybe by their insurers - that they could be sued if they don't maintain access stiles and the like accordingly and someone gets hurt.
It all sounds utterly bizarre to me - I can't quote a particular case, but I have heard of this (understandable) reaction from landowners potentially being penalised for allowing people to come and practise hazardous sports on their land.
Whatever happened to common sense?
The council ruined [url= http://www.howies.co.uk/content.php?xId=123&xPg=1 ][b]Treasure Island[/b][/url] at Danbury Common after apparently being sued by some turdcicle who broke his leg.
Not sure if it was just fibbage to justify the action though.
Lots of rumours and scaremongering here. Someone find me a court case where a cyclist on unsanctioned trails had a crash and successfully sued I will eat my hat and post pictures of me doing so.
No different than those criminal **** who get injured during the course of a crime & end up suing though is it?
When has this ever happened in the UK?
i'm with TJ on this, its all Daily Mail-esque fear mongering.
TJ - Are you ever light hearted?
often - just its rarely noticed on here.
TJ + 1
There's a lot of very anecdotal evidence of this sort of thing - friend of a friend who knew of it sort of thing.
If we can pin down actual cases, then we know how to react.
Well at least when I cave my head in coming down Fremington Edge I'll know I need to sue Richmondshire Council!
Or is that different?
First link is from the USA, which isn't much of a surprise but can't find anything in the uk......yet!
[url= http://www.ridemonkey.com/forums/showthread.php?t=231805 ]Link[/url]
[url= http://www.imba.com/resources/trail_issues/risk_management_intro.html ]I MBA advice - scroll down for cases[/url]
[url= http://www.calderdale.gov.uk/transport/rights-of-way/landowners.html ]Rights of Way[/url]