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General Forum - Legal Advice regarding the soapbox derby req`d - Page 1

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Legal Advice regarding the soapbox derby req`d
posted by Pete-MK on Thursday, 2nd September 2010, 18:52

Elite Donator

Long story short, nearling the end of the soapbox derby on Monday, one of the carts followed the racing line perfectly on a particularly fast corner and apparently ran over a Woman's foot.

[*] The woman had been told at least 5 times, by someone I trust implicitly, to move her legs from the track area (she was sitting on a straw bale).

[*] I had made an announcement over the PA system about 'watchingt he event at your own risk'

[*] there are signs all down the track warning of the dangers.

One of the main organisers received a phone call today from a solicitors and it seems the woman may be seeking compensation from the charity fund.

Morality aside and legally speaking, who's got the upper hand?

============================


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This item was edited on Thursday, 2nd September 2010, 18:53

RE: Legal Advice regarding the soapbox derby req`d
posted by smurfette on Thursday, 2nd September 2010, 19:04

Elite Donator

I'm willing to bet she has. Did the event not have any kind of public liability insurance?

RE: Legal Advice regarding the soapbox derby req`d
posted by Rob Shepherd on Thursday, 2nd September 2010, 19:09

Super Admin

I'm not so sure, it does seem like someone trying it on.

I'd definitely get as many statements from as many people involved or witness to the event as possible.

It's possible the solicitors are one of these lame no-win-no-fee types that when presented with a bundle full of statements which put their client in the "lying" box, will just drop it immediately. It certainly won't cost you anything at this stage.


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RE: Legal Advice regarding the soapbox derby req`d
posted by Pete-MK on Thursday, 2nd September 2010, 19:13

Elite Donator

Sorry, I should have said, the woman WAS hit, and the standby St John's ambulance was sent down the hill to attend. But that's as much as we know. There was some bruising, by all accounts.

The 2 marshals in attendance are giving full statements, and we do have insurance for the event

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RE: Legal Advice regarding the soapbox derby req`d
posted by The Mobile Dr42%er on Thursday, 2nd September 2010, 19:45

Elite

Contact the local rag. Get them to run the story and shame the bitch.

RE: Legal Advice regarding the soapbox derby req`d
posted by Jimbo :oȚ on Thursday, 2nd September 2010, 22:40

Elite Donator

Anyone taking bets it's one of these scammers who find an event/activity/road user etc., "professionally" get injured with a scheister no-win-no-fee lawyer waiting in the wings?

Country's going to the f**kin dogs!

GL with it Pete, hope you guys win out and the Doc's suggestion is brilliant.

Jimbo : oȚ

"Making Teenagers depressed is like shooting fish inna barrel"

RE: Legal Advice regarding the soapbox derby req`d
posted by Pete-MK on Thursday, 2nd September 2010, 23:13

Elite Donator

Quote:
scammers who find an event/activity/road user etc., "professionally" get injured

considering where she was seated, and the amount of times she was told to move, I think that's a viable theory

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RE: Legal Advice regarding the soapbox derby req`d
posted by Snaps on Friday, 3rd September 2010, 02:04

Elite

Find the cart driver, who presumably tried to avoid her foot, get a statement from him/her.
 Swerved,nearly crashed etc. possible lost sleep from worry etc and counter claim
 for reckless endangerment.

Edit: More than probable that she neglected to mention all the warnings issued to the ambulance chaser who sent the letter. As she was told directly, one to one, she was at risk I don't think she stands a prayer.

Make sure you've informed your insurers ASAP and ask if they want to handle it.

Snaps

Every Third Car
--------------------------------------------------------------------


I used to be with it, but then they changed what 'it' was.
Now, what I'm with isn't it, and what's 'it' seems weird and scary

This item was edited on Friday, 3rd September 2010, 08:23

RE: Legal Advice regarding the soapbox derby req`d
posted by smurfette on Friday, 3rd September 2010, 09:09

Elite Donator

I doubt if she's a scammer, she's just been taken in by all this "No win no fee" advertising, I expect.

I was standing about 30 yards further up the hill from her, opposite the Mission Hall, and there were bales on the opposite side of the road from me, to shield the carts from the concrete wall. Throughout the afternoon, there must have been 12-15 people sitting on those bales with their feet in the road, and one woman even had several bags of shopping next to her feet. They were NOT asked to get off the bales, which is why I was getting increasingly annoyed. On one occasion a cart almost hit them, and they all just managed to pull their feet up out of the way. It was an accident waiting to happen. Was the marshall just below us also marshalling the chicane as well as our area, I wonder? Because she seemed afraid to say anything.

I think there are lessons to be learned here. You may well have to pay out through the insurance (not the charity money), and next year, you should have a policy that each race does not start until every marshall has given the all-clear via their walkie talkies to confirm that NO ONE is in the road at all.

I hope I'm not speaking out of term here, Pete, but I was further down the hill than you and what I saw was really worrying me.

RE: Legal Advice regarding the soapbox derby req`d
posted by kebabhead on Friday, 3rd September 2010, 09:20

Elite

Where there's blame there's a claim Confused

All this will do is stop events like this happening because people won't want to take the risk for fear of being sued

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