just to say it wont be my dad that inspects it , he recently inspected cwmcarn well 2 days ago actually and said that they should add a more expert dh track to feed the needs of riders . lol
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come one hill bugger off to trek so sundays become cheaper . :L
that is so sh*t, it's such a good track and to be able to do your own uplift (on a decent uplift road)for a fiver was amazing, the farmer was always real friendly and it will be such a shame if it closes down. i agree, name and shame, i hope the rider is crippled and won't ride again (as long as he loses the case otherwise he could sue for more) he should be banned from all other venues
From what I can remember of my law lectures it comes down to whether the occupiers liability (extended to anyone with reasonable control over a premesis) applys or not. If there were signs up warning of dangers and it was made clear by way of a sign or something not to ride there outside of events then Ian should be ok, if not - despite how wrong it is - there may be a case. that sucks. Maybe someone with more details and a bit more of a recollection of tort law could correct me. either way I hope it goes the other way, the cretin gets nothing and the track stays open.
I want to know this Sue-ing Lads Name and address, And he will soon Pull out of the law case!
PEOPLE MAKE ME SICK
haha sorry..
This just ruins the world we live in!
I've not taken the criminal system For anything more than a joke for a few years, (Ever since some chavs jumped me and mate and broke my nose and stole his bmx, Then they tried sueing us for the one breaking his knuckle!- it was all on cctv, and apparantly I should of avoided the punches to soften the blows to his hanD!)
no i dont remember you . but Ian's really is a tidy bloke an yes iirc there is a sign up saying now access or sumthing like that but you got to remember that the forest is used for pheasant shooting in the off season i remember when we built the track that was last used and Ian was like this time lets do sumthing off camber so we headed up to the looser side of the wood and he went to work with his chainsaw .
« Last Edit: August 16, 2008, 12:14:39 PM by bob... »
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come one hill bugger off to trek so sundays become cheaper . :L
unfortunately trespassing is not a criminal offence, but a civil offence, and there would no grounds to "sue" someone for trespass if no criminal damage was done to the property that was trespassed into
the guy who is suiing is a complete bell-end though
Sueings nothing to do with criminal justice though, its purely a way of settling civil matters is it not? If it was some kind of criminal case then it'd be a case of punishment by cautions/fines as opposed to personal compensation.
I was going to suggest that. This is the problem with areas like this, not everyone that rides a bike knows how to ride tracks like Caersws, a fair few people rock up at riding venues on completely unsuitable machinery and do themselves a mischief.
It's also possible that it's not the rider sueing but his family....it may not be his/her decision. Lets wait until we find some facts out before spouting blame, although don't get me wrong it's a shite situation and it'd be crap to loose the venue.
PI is definitely a matter for civil litigation. Whoever the landowner is will be ok so long as there are signs warning people that it is an expert trail. If it went to court the claimant would have to argue that the landowner didn't do everything that was 'reasonably practicable' to warn of the dangers (i.e. not suffient fencing and signs).
Telling people that the landowner knows you guys go riding there without signing the disclaimer won't help either (even though you're trying to help him). The landowner will have to show that he's done everything in his power to stop people trespassing and having such accidents, so he may decide to make caersws an event only track to cover his own back in future.
If the guy isn't too badly injured it probably won't get to court and it may just die out with a settlement if the landowner doesn't want the hassle of court.
Has the landowner received solicitors letters, a letter from the claimant directly or have they jumped straight in to serving a claim form?
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he recently inspected cwmcarn well 2 days ago actually and said that they should add a more expert dh track to feed the needs of riders . lol 
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