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Old 04-30-2014, 12:13 AM   #31
FinlandThumper
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Damn...brings back memories for me. I hit the gate doing about 15 and it clotheslined me (single strand gate). Luckily it hit the bars first (mirrors actually), slowed me down a bit, and then broke the mirrors off, snapped up, dragged across my upper chest and caught on my chin, whipping me back and off the bike. At some point the momentum tore the gate loose which is probably why I didn't die. The bike (a Hodaka Road Toad) was banged up pretty bad but still okay.

I still have the scars on my neck to prove it but otherwise, I walked away. Thank god I had worn a helmet...it had a divot out of it from a rock and certainly would have broken my skull had I been helmetless. Since I was 14 at the time I could easily have "forgotten" it sinceI was riding on the family farm. I have never ridden a bike without a helmet since.

Glad you lived! Be careful out there.
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Old 04-30-2014, 06:43 AM   #32
Kawasakirob
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Wow- Makes me cringe.

I ran into a barb wire fence myself on a PW50. I was 5 and just learning how to ride. Still have the good sized scars on my arm and knees.
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Old 05-03-2014, 09:57 AM   #33
RZRob
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Quote:
Originally Posted by CaptMako View Post
Crap - that is a pretty clear case of negligence on part of the fence owner.
I don't promote litigation, but when, in my opinion, barely-marked barb wire
strung across an obviously well-traveled road is not up to the "reasonable person" foundation for negligence. How much worse would a similar wreck have been after dark? Just throwing my opinion out there.
Clearly.

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Old 05-05-2014, 07:15 AM   #34
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Originally Posted by SgtDuster View Post
Yep, easy!


Plus that big red box around them. How did you miss that?
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Old 05-06-2014, 03:39 PM   #35
Ironwood
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Quote:
Originally Posted by CaptMako View Post
Crap - that is a pretty clear case of negligence on part of the fence owner.
I don't promote litigation, but when, in my opinion, barely-marked barb wire
strung across an obviously well-traveled road is not up to the "reasonable person" foundation for negligence. How much worse would a similar wreck have been after dark? Just throwing my opinion out there.
So take no responsibility for your own actions. Are you suggesting that the landowner is negligant? Next time you try to ride thru there it will be a locked gate. Congratulations. The OP was riding stupidly. He admitted as much. Open your Eyes people. And if you screw up then take your lumps and don't try to find someone to blame.
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Old 05-08-2014, 05:09 AM   #36
CaptMako
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Originally Posted by Ironwood View Post
So take no responsibility for your own actions. Are you suggesting that the landowner is negligant? Next time you try to ride thru there it will be a locked gate. Congratulations. The OP was riding stupidly. He admitted as much. Open your Eyes people. And if you screw up then take your lumps and don't try to find someone to blame.
Oh my. "negligant"?, you mean negligent. Study some law and see if
that changes your opinion. People must take account for their actions, yes
certainly. However, there are mitigating factors that interplay with their
actions and when those mitigating factors go beyond what a reasonable,
prudent person would do/expect then there may be legal consequences to the tortfeasor (read wrongdoer) or in this case the landowner. I would opine that
the rider, the OP, would have seen a closed gate don't you agree. However, to the contrary single strands of barbed wire with minute, otherwise almost
invisible, pieces of colored tape used to mark the wire may well fall into the
realm of negligence. You are talking about a heavily-traveled dirt road.
Why not just dig a huge hole in the road and let everyone ride into it? I guess per your reasoning that would be the OP's fault, too?
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Old 05-08-2014, 06:00 PM   #37
Ironwood
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CaptMako

You sound like a lawyer. What difference does the spelling make?

Go back and read the OP's opening post and then tell me who is negligent.

Keep bringing your frivolous torts (read lawsuits) and we will eventually lose all our riding areas.

Have you ever really taken responsibility for your actions? I seriously doubt it.
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Ironwood screwed with this post 05-08-2014 at 06:17 PM
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Old 05-08-2014, 06:17 PM   #38
Forde
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so theres a landowner involved? so you were on somebodys land? not a public road? were ypu even allowed to be there?
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Old 05-08-2014, 06:54 PM   #39
CaptMako
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Quote:
Originally Posted by Ironwood View Post
You sound like a lawyer. What difference does the spelling make?

Go back and read the OP's opening post and then tell me who is negligent.

Keep bringing your frivolous torts (read lawsuits) and we will eventually lose all our riding areas.

Have you ever really taken responsibility for your actions? I seriously doubt it.
Why is the spelling important - hmmm, maybe because there is no word as "negligant". Seems important don't you think?
We can argue/discuss the merits of civil negligence 'til the proverbial cows come home. However, you taking a shot at me for either taking or not taking responsibility for my "actions" is absurd and childish. States have certain legal mandates which require various degrees of negligence. Some states have comparative negligence laws; others have contributory negligence. There are a lot of variances and it does not always boil down to what just "one" - the O/P did or didn't do. That's all sir.
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Old 05-08-2014, 07:48 PM   #40
RZRob
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Originally Posted by Ironwood View Post
The OP was riding stupidly.
In this case, that's beside the point. This one's a no-brainer. Any court would find the guy that put the "fence" up liable. He's really lucky the guy didn't die. Then, he'd have real problems.

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Old 05-09-2014, 03:38 AM   #41
CaptMako
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Originally Posted by RZRob View Post
In this case, that's beside the point. This one's a no-brainer. Any court would find the guy that put the "fence" up liable. He's really lucky the guy didn't die. Then, he'd have real problems.

RZ Rob
Thank you Rob. A voice of reason and obviously a learned scholar.
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Old 05-09-2014, 04:37 AM   #42
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I, for one, am willing to let brighter minds determine fault on this one... OKlr, good to hear that you and your bike survived the crash! FYI - if you come out to Colorado to ride some time - we have a lot of gates just like that one out here! You'll find them on private property, in the national forest and grasslands, and on service roads crossing property that contains livestock. If the gate is open, leave it open. If the gate is closed, please close it behind you! If you crash into one, and can't close it afterwards - please inform the rancher so he can go look after his cattle and avoid other potential litigation, and so he knows who to send the repair bill to.
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Old 05-09-2014, 10:31 PM   #43
Ironwood
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Originally Posted by RZRob View Post
In this case, that's beside the point. This one's a no-brainer. Any court would find the guy that put the "fence" up liable. He's really lucky the guy didn't die. Then, he'd have real problems.

RZ Rob
Are you from the city? Have you ever gone thru a "gap". Where in the hell do you guys ride that you don't see five of these "gaps" a day?

Oh My, I need a fucking lawyer to save me from myself!
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Old 05-09-2014, 10:37 PM   #44
Ironwood
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Originally Posted by smj View Post
I, for one, am willing to let brighter minds determine fault on this one... OKlr, good to hear that you and your bike survived the crash! FYI - if you come out to Colorado to ride some time - we have a lot of gates just like that one out here! You'll find them on private property, in the national forest and grasslands, and on service roads crossing property that contains livestock. If the gate is open, leave it open. If the gate is closed, please close it behind you! If you crash into one, and can't close it afterwards - please inform the rancher so he can go look after his cattle and avoid other potential litigation, and so he knows who to send the repair bill to.
thank you smj, I was beginning to think I was in a room full of knuckelheads.
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Old 05-10-2014, 08:11 AM   #45
RZRob
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thank you smj, I was beginning to think I was in a room full of knuckelheads.
Maybe I am wrong. You seem pretty confident on your perspective. My feeling was that the property owner had an obligation to "clearly" mark the gate and that didn't seem like a reasonable effort was made. Hey I got sued when some little kid broke his ankle in my front yard - and I did nothing to provoke it etc. I enabled the situation by presenting an opportunity (my front yard) for the kid to play and injure himself.

Feel free to call me a knucklehead, but I really do think any reasonable court would see it my way. I've been wrong before though.

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