came up with an interesting scenario today. what if my bike is parked in the parking lot at the store, and i'm in side. then, someone knocks the bike over, and it falls on someone else, injuring them. am i in any way liable for those injuries? also, who is the liability placed on for damages to the bike considering it doesn't fall on a person?
very good question.
I would like to know this aswell. :icon_confused:
In most cases its private property (meaning you cant be ticketed) However... You are responsible to insure your vehicle and cover any damages caused by it. If you are in/on it or not :thumb:
If the parking lot caused your bike to fall (new black top, defective surface etc...) then the owner of the lot may be liable... otherwise I would guess its your fault. :cheers:
in some cases you can find minor loop holes to put the parking lot owner at fault: ( lines not visible, lighting damaged or inadequate, damaged parking blocks etc...) lighting is a VERY common way to put the lot owner at fault no matter what... When I worked as an electrician we stayed very busy just replacing parking lot lights for K-Marts :icon_mrgreen:
Quote from: KasbeKZ on June 09, 2009, 02:24:20 PM
came up with an interesting scenario today. what if my bike is parked in the parking lot at the store, and i'm in side. then, someone knocks the bike over, and it falls on someone else, injuring them. am i in any way liable for those injuries? also, who is the liability placed on for damages to the bike considering it doesn't fall on a person?
If someone knocks your bike over, and it falls on someone else, id say it was the fault of the person who knocked it over. You didnt come out of no where and push the bike over on some one. But that still wont save you with some mother fuckers. Some will still try to sue you even though you werent around and it was impossible by all laws of physics that you caused the bike to tip over and land on thier dorsail pedus shattering it into a million pieces.
Quote from: scottpA_GS on June 09, 2009, 02:37:00 PM
In most cases its private property (meaning you cant be ticketed)
That's my favorite part about parking lots!
Quote from: KasbeKZ on June 09, 2009, 02:24:20 PM
came up with an interesting scenario today. what if my bike is parked in the parking lot at the store, and i'm in side. then, someone knocks the bike over, and it falls on someone else, injuring them. am i in any way liable for those injuries? also, who is the liability placed on for damages to the bike considering it doesn't fall on a person?
Theory: the person who knocked your bike over is fully liable in both cases.
Practice: absent a working video camera covering the parking lot, when the person who knocked your bike over drives off, you're stuck with your repair bill, and might well be hassled (and given our absurd court system, they might just win in court) by anyone your bike was knocked onto, even though they presumably would have seen the actual cause drive off. Unless you get that rarest of parking lot knockovers where the knocker hangs around to provide information and generally behaves correctly, as opposed to the usual hit and run.
Quote from: scottpA_GS on June 09, 2009, 02:37:00 PM
In most cases its private property (meaning you cant be ticketed)
Be very sure of this before you try testing it out. I know in Australia, despite what many believe, this is not the case. Any area designed to be driven on that is accessible by the public is classed as a road related area and road rules and tickets apply regardless of who owns the property. That even includes your own driveway.
Unfortunately, I think it depends on the quality of the lawyer the person that it fell on hired. Even if common sense says you're not liable those bastards can make some stuff up and be pretty convincing or just create enough of a stir that your insurance company will settle. Either way, your rates go up.
I always use the centerstand unless I am in arms distance of my bike. You really have to work to get it off the stand. Then I also leave the kickstand down hoping it might catch it. And I have a little 2x2 square of metal for a pad under my seat.
I've had a centerstand tipover on my old bike - soft tar, sunk in until the part you step on hit the surface and slowed the left side down as it sank, tipped over the the right.
Knocking the bike over from the centerstand is very easy if using a car to do it - little old ladies, 97 pound girls, and 350 lb linebackers can all manage it with the greatest of ease, even driving a Yugo.
(http://upload.wikimedia.org/wikipedia/en/f/f7/Yugo-US-poster.jpg)
Quotesomeone knocks the bike over, and it falls on someone else, injuring them. am i in any way liable for those injuries?
Wouldn't this be similar to if someone rear ends your car and your car hits the car in front of you (domino effect)? In this case the driver in front of you sues you because the guy who hit you didn't make contact with the guy in front of you. :icon_confused:
-Porkchop