Strava faces lawsuit after death

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  • ddraver
    ddraver Posts: 26,747
    As I said in there - what the Fu*k is wrong with Americans?! :(

    (well I tidied it up for INRG but this is the new hardcore BB....)
    We're in danger of confusing passion with incompetence
    - @ddraver
  • GiantMike
    GiantMike Posts: 3,139
    Strava is useless. People keep stealing my KOMS. Strava know about this and do nothing about it. Theft is theft.
  • daviesee
    daviesee Posts: 6,386
    ddraver wrote:
    As I said in there - what the Fu*k is wrong with Americans?! :(

    (well I tidied it up for INRG but this is the new hardcore BB....)
    It is always someone else's fault. Sue whoever can be blamed.
    This Country is heading the same way :cry:
    None of the above should be taken seriously, and certainly not personally.
  • napoleond
    napoleond Posts: 5,992
    I bought my GPS from Wiggle...
    Insta: ATEnduranceCoaching
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  • Cleat Eastwood
    Cleat Eastwood Posts: 7,508
    i'm surprised there arent more deaths due to heart attacks amongst the mamils - haha and i include myself in that- theres no such thing as a gentle bimble up a hill anymore.
    The dissenter is every human being at those moments of his life when he resigns
    momentarily from the herd and thinks for himself.
  • y33stu
    y33stu Posts: 376
    If I was the King i'd bring in a law which jailed people for bringing about such stupid lawsuits. Waste of time and just desperation for money.
    Cycling prints
    Band of Climbers
  • Frank the tank
    Frank the tank Posts: 6,553
    daviesee wrote:
    ddraver wrote:
    As I said in there - what the Fu*k is wrong with Americans?! :(

    (well I tidied it up for INRG but this is the new hardcore BB....)
    It is always someone else's fault. Sue whoever can be blamed.
    This Country is heading the same way :cry:

    Agree with daviesee.

    The only "blame" lies with the deceased, even IF strava encouraged him to go faster/take more risks that is HIS decision. Where would the line be drawn if this case were to go against strava?
    Tail end Charlie

    The above post may contain traces of sarcasm or/and bullsh*t.
  • daviesee
    daviesee Posts: 6,386
    Frank the tank wrote:
    Agree with daviesee.
    Yay! There'll be a blue moon tonight :wink:

    Example - My wife is a community nurse. At the weekend she slipped and fell on a patients wet polished tiled doorstep.
    The patient had 2 immediate questions.
    Is she okay?
    She won't sue me, will she?

    Sad, but that's the mind set today :cry:
    None of the above should be taken seriously, and certainly not personally.
  • ddraver
    ddraver Posts: 26,747
    Oi I said it first!!!!!

    ;)
    We're in danger of confusing passion with incompetence
    - @ddraver
  • ShutUpLegs
    ShutUpLegs Posts: 3,522
    I'm surprised noone asked if he created the segment :?:
  • CambsNewbie
    CambsNewbie Posts: 564
    I blame God for not making our bodies more crash resistant. Now that would be a lawsuit!
  • Frank the tank
    Frank the tank Posts: 6,553
    CambsNewbie wrote:
    I blame God for not making our bodies more crash resistant. Now that would be a lawsuit!

    Do you believe in god then?
    Tail end Charlie

    The above post may contain traces of sarcasm or/and bullsh*t.
  • cooldad
    cooldad Posts: 32,599
    Frank the tank wrote:
    CambsNewbie wrote:
    I blame God for not making our bodies more crash resistant. Now that would be a lawsuit!

    Do you believe in god then?
    You should. I am real. You'll believe tomorrow when you get struck by lightning
    I don't do smileys.

    There is no secret ingredient - Kung Fu Panda

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  • CambsNewbie
    CambsNewbie Posts: 564
    Frank the tank wrote:
    CambsNewbie wrote:
    I blame God for not making our bodies more crash resistant. Now that would be a lawsuit!

    Do you believe in god then?

    I note your lack of a capital 'G' there!!!

    And no I don't. Not religious at all, personally think religion has caused a huge amount of misery, suffering and death in this world.

    Just being facetious.. Although I'm sure it's just a matter of time before someone (probably American) names God in a lawsuit.
  • thegibdog
    thegibdog Posts: 2,106
    Billy Connolly?
    https://gibworth.mypixieset.com
  • garrynolan
    garrynolan Posts: 560
    thegibdog wrote:
    Billy Connolly?
    ... in The Man Who Sued God. Nice wee movie from Oz.
    Visit Ireland - all of it! Cycle in Dublin and know fear!!
    exercise.png
  • nevman
    nevman Posts: 1,611
    New set of T&C in my inbox from Strava this morning-their lawyers are quick as well.
    Whats the solution? Just pedal faster you baby.

    Summer B,man Team Carbon LE#222
    Winter Alan Top Cross
    All rounder Spec. Allez.
  • daviesee
    daviesee Posts: 6,386
    nevman wrote:
    New set of T&C in my inbox from Strava this morning-their lawyers are quick as well.
    Horse and stable door comes to mind.............
    None of the above should be taken seriously, and certainly not personally.
  • shouldbeinbed
    shouldbeinbed Posts: 2,660
    I'm not on Strava so am asking genuine ignorant question and to play devils advicate.

    Was it forseeable to owners of a site that effectively puts you in a speed competition with other riders (I know theres other ways of doing the same thing) that it might lead to some people taking it a step further than necessary and it going wrong? Hell yes, theres examples from way back when of people taking risks, cheating & pushing things beyond their limit and it going wrong when being measured against their peers.
    nevman wrote:
    New set of T&C in my inbox from Strava this morning-their lawyers are quick as well.

    If they've retrospectively changed them and I was the suing lawyers, I'd be jumping for joy as I'd be arguing it is a pretty clear admission that Strava now accept their original ones weren't watertight and didn't go far enough to prevent stupidity.
    They might have done better to put out a statement to users but wait on actually changing anything officially until the court ruling.

    Did they make it explicit when our man signed up that at no time was anyone to break the local law, see it as a competition rather than a personal benchmark, ride beyond their capability, yaddy yaddy.

    Does Strava tell you the category of each rider and their ride details? Would he have known if his segment time had been beaten by a one legged obese blind kid on a BMX with flat tyres in rush hour who got lucky or by Jens Voigt in full race spec doing descending practice on a quiet Sunday afternoon with spotters that he'd never in a million years be able to match?
  • capt_slog
    capt_slog Posts: 3,974
    cooldad wrote:
    Frank the tank wrote:
    CambsNewbie wrote:
    I blame God for not making our bodies more crash resistant. Now that would be a lawsuit!

    Do you believe in god then?
    You should. I am real. You'll believe tomorrow when you get struck by lightning

    Although very briefly.


    The older I get, the better I was.

  • ddraver
    ddraver Posts: 26,747
    edited June 2012
    shouldbeinbed wrote:
    Lawyer stuff

    All of the above can be summarised as don't be a d1ck and use your common sense. I did nt realise that needed enshrining in law...
    We're in danger of confusing passion with incompetence
    - @ddraver
  • ilm_zero7
    ilm_zero7 Posts: 2,213
    its crazy that Strava should even be worried - dont you just wish a judge would throw the case out on day one and get the claimant to pay all costs - stupidity and vindictiveness by the family - I read elsewhere that it was the wife who bought him the garmin for a present? then she is implicated too!
    http://veloviewer.com/SigImage.php?a=3370a&r=3&c=5&u=M&g=p&f=abcdefghij&z=a.png
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  • shouldbeinbed
    shouldbeinbed Posts: 2,660
    ddraver wrote:
    shouldbeinbed wrote:
    Lawyer stuff

    All of the above can be summarised as don't be a d1ck and use your common sense. I did nt realise that needed enshrining in law...

    I agree but unfortunately it does. theres been too many stupid compensation cases and too many Joe Pasquale voiced parasite lawyer ads for me to think common sense has any part to play in cases like this.
  • shouldbeinbed
    shouldbeinbed Posts: 2,660
    ILM Zero7 wrote:
    <snip> I read elsewhere that it was the wife who bought him the garmin for a present? then she is implicated too!

    Not really, it is a tracking/direction device, its not putting him into competition with other people in the way a Strava like site does.

    If she'd doctored the garmin and he'd ridden off the edge of a cliff blindly following the wrong directions then spot on.


    Yes it is a stupid case, yes it is his own fault he is dead, I'm sure the family didn't want to put 'here lies an over-competitive pillock' on his headstone and unless the bike was proven to be defective he simply rode it beyond his and its capabilities, but thats where common sense stops and the law starts.

    The legal questions to be answered are if it wasn't for the competitive element of the Strava site would he have ridden it in the same manner which caused his death? and did Strava do enough to dissuade over-competitive pillocks from following that urge?
  • GiantMike
    GiantMike Posts: 3,139
    shouldbeinbed wrote:
    The legal questions to be answered are if it wasn't for the competitive element of the Strava site would he have ridden it in the same manner which caused his death? and did Strava do enough to dissuade over-competitive pillocks from following that urge?

    I'm not sure that's correct. If I said that I'd ridden along the A1 at 40mph and I bet nobody could beat me, do I then become responsible for everybody else's actions? Should I complete a H&S assessment before making such a claim? Should I only inform non-dicks of my achievement?

    Is the BBC responsible for the head injuries of John Smith after he tried to break the world record for smashing roof tiles with his head? It was on Guinness Book of Records and was clearly an incitement for John to act like a dick.
  • Frank the tank
    Frank the tank Posts: 6,553
    The tone is we're all agreeing and "common sense" should prevail but sadly all to often it doesn't, otherwise the ambulance chasing legal eagles would by now be extinct.

    They ought to apply Darwins law the idiots death has just enriched the gene pool.
    Tail end Charlie

    The above post may contain traces of sarcasm or/and bullsh*t.
  • thegibdog
    thegibdog Posts: 2,106
    shouldbeinbed wrote:
    ILM Zero7 wrote:
    <snip> I read elsewhere that it was the wife who bought him the garmin for a present? then she is implicated too!
    Not really, it is a tracking/direction device, its not putting him into competition with other people in the way a Strava like site does.
    But you could argue that a Garmin encourages competition against your previous times/speeds. And, as GiantMike mentions, you can compare times with people without having to use Strava. In fact you could extend the same logical argument to include non-GPS cycle computers, stopwatches, regular watches and even the position of the sun in the sky.
    https://gibworth.mypixieset.com
  • slowbike
    slowbike Posts: 8,498
    shouldbeinbed wrote:
    Did they make it explicit when our man signed up that at no time was anyone to break the local law, see it as a competition rather than a personal benchmark, ride beyond their capability, yaddy yaddy.
    Does Strava tell you when to breath? No? Well then - the decision to "compete" or not is entirely the down to the rider isn't it ...
    Unfortunately this rider got it wrong when trying to pip the top time and died as a result.

    What will it mean for Strava if they loose the case? Well, minimum will be a disclaimer that they're not responsible for your stupidty, next will be a ban on segments where you can go faster than the speed limit in force - which I suppose is fine if the limit applies to bicycles too ...
  • rick_chasey
    rick_chasey Posts: 75,660
    There's a disclaimer when you turn strava on along the lines of behave, stick to the rules of the road and they don't take responsibility if you die whilst using it.
    _
  • DrKJM
    DrKJM Posts: 271
    Rick Chasey wrote:
    There's a disclaimer when you turn strava on along the lines of behave, stick to the rules of the road and they don't take responsibility if you die whilst using it.
    But in law, in the UK at least, you can't disclaim negligence. Time will tell if the courts find them to have been negligent.

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