Am I mad - 75 miles, 8 weeks to train

keef66

Good luck with that; it doesn't look too good for Sunday!

I'm just praying the weather improves before mine in 2 1/2 weeks

Coach H

CiB wrote:

as long as they sign the disclaimer at the sign-on.

I stand to be corrected by a Tort lawyer.

My understanding is that this type of disclaimer is meaningless as it constitutes an unfair contract (s.2 of the Unfair Contract Terms Act 1977 I think) due to you signing away your legal right for the organiser to have a duty of care for you (Donoghue v Stevenson [1932]). They are actually used by organisations who have not had legal advice and think they will protect them or by organisation who have had (dodgy) legal advice and they are being used to put people off making a claim.

The organisers could, in the event of a claim, use the defence of 'Volenti non fit Injuria' (to one who volunteers, no harm is done) but usually this would not work as the 3 requirements of the defence are thus:
1. Voluntary - not likely as the organisers are enticing the participants to ride and participants are only doing the route due to the event

2. Agreement - Normally where the disclaimers come in. There is some suggestion that these disclaimers will work when considering the summary of Nettleship v Weston [1971], Lord Denning:"Knowledge of the risk of injury is not enough. Nothing will suffice short of an agreement to waive any claim for negligence. The plaintiff must agree expressly or impliedly to waive any claim for any injury that may befall him due to the lack of reasonable care by the defendant: or more accurately due to the failure by the defendant to measure up to the duty of care which the law requires of him". 'Lack of Reasonable Care' is the key phrase here as, in the case of Sportives, it would likely be ruled that enforcing helmet use constitutes 'reasonable care'. The 'duty of care' bit also revolves around reasonable care, again see Donoghue v Stevenson [1932], Lord Aitken:"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour". I think organisers can 'reasonably forsee' that a head injury may occur if a helmet is not worn for their event (a participant being the organisers neighbour in this context).

But this is also ruined by
3. Made in full knowledge of the nature and extent of the risk. - Easy to argue that any injured rider was not FULLY aware of the risks and consequences as in the disclaimer the organisers will not be able to idetify ALL the means and injuries that may occur should you fall/be knocked off. Far fetched example; Plaintifs Lawyer "Mr Claimant, when you signed the disclaimer did you realise that you were at risk if incuring deafness due to brain injury caused by a scull fracture, that may reasonably have been prevented by the wearing of a cycle helmet, due to a clown on a unicycle running over your head after you were knocked to the ground by a runaway ostrich?" This type of arguement could be applied to pretty much any specific eventuality.


Can anyone tell I am on a 12hr night shift and bored

Coach H

Oh and after the horrible start to the year and with a month of nights this month, I am looking at doing a 75 mile sportive with 4 weeks :shock: training (assuming it stops snowing after easter!)

hmm

Good luck for tomorrow Sam. Mental strength, waterproofs and flapjacks.

secretsam

RIDE CANCELLED - probably run again 7th April!

So, three more weeks to get some training in

secretsam

Well, so it's tomorrow. Given that the weather's finally, well, spring like, I may risk 75 miles, can always bail out and head home if I'm on my knees.

Made some home-made flapjack that doesn't contain all the cr&p that the shop stuff does.

Wish me luck!

thefd

SecretSam wrote:

Well, so it's tomorrow. Given that the weather's finally, well, spring like, I may risk 75 miles, can always bail out and head home if I'm on my knees.

Made some home-made flapjack that doesn't contain all the cr&p that the shop stuff does.

Wish me luck!

Good luck - let us know how you get on!

secretsam

Back from ride, for full analysis, see thread "Preparation and Fitness - A Cautionary Tale", which tells you all you need to know