Jump to content
SAU Community

Gettign sued...?

Pva_Glue

By Pva_Glue,
in General Automotive Discussion

 Share

Recommended Posts

  • 3 weeks later...
MR-GTR Enthusiast

MR-GTR

Posted
Posted

Hi everyone

]

Well if you organised a run and got everyone to sign a disclaimer then you are liable for any injury or death caused by an accident.

Under the current leglislation it would fall under "Duty of Care".

You see , you knew some one could get injured or killed on the run thats why you made them sign the disclaimer so you could have prevented it by cancelling the event, you would be held resposible for the injury or death, you are the organiser. You contributed to the injury or death by running the event and putting people in the position to be injured.

You see they could be out driving themself around getting killed on our roads and thats OK, you have gathered them on a run and organised them into a situation and possibly orchestrated their fate.

Now I'm starting to get confused !!!!!!.

this is the world we live in, be careful !!!!

And try and have a nice day.

ultim8DTM5 Experienced

ultim8DTM5

Posted
Posted
Originally posted by MR-GTR

Hi everyone

]

Well if you organised a run and got everyone to sign a disclaimer then you are liable for any injury or death caused by an accident.

Under the current leglislation it would fall under "Duty of Care".

You see , you knew some one could get injured or killed on the run thats why you made them sign the disclaimer so you could have prevented it by cancelling the event, you would be held resposible for the injury or death, you are the organiser. You contributed to the injury or death by running the event and putting people in the position to be injured.  

You see they could be out driving themself around getting killed on our roads and thats OK, you have gathered them on a run and organised them into a situation and possibly orchestrated their  fate.

Now I'm starting to get confused !!!!!!.

this is the world we live in, be careful !!!!

And try and have a nice day.

That is too broad, there are things such as the 'but for' test, which attempts to find as well as limit liability simultaneously.

ie: but for the cruise being held, would the incident have occurred? or is it but for the actions of the party at fault in an accident, would the harm have been caused? it would be the latter, duty of care revolves around whether the person organising the cruise was put in a position where there was a special relationship with the person suffered harm, quite arguble as in 'how was this duty different from other road incidents under the same circumstances, albeit organised?' was the actions of the tortfeasor (person at fault) were such where the harm suffered to the plaintiff was that reasonbly expected?

the only way this would come to be fully understood would be in each individual writ/civil case. disclaimers do not waive complete liability especially where there is negligence or other fault elements in failing to provide an adequate duty of care.

there is never an true and clear cut answer.

MR-GTR Enthusiast

MR-GTR

Posted
Posted

what your saying is very true, but in some cases it does come down to the person(judge) presiding over the individual case, here on the gold coast a person left a hotel bar intoxicated on foot, crossed a road 80 mtrs away and was hit by a car, the plaintiff sued the hotel and the bar tender for "Duty of Care". was awarded $1,600,000aus .

Basically the staff should have known there was a chance he would be hit by a car as he was drunk when he left the hotel. it was deemed their fault he drunk so much and got drunk and got run over.

beets me !!!

Do you know of any crazy outcomes.

Regards

Steve

Duncan Grand Master

Duncan

Posted
Posted

Another one I loved, from a soccer club around the corner.

Lady gets drunk, staff stop serving her and offer to get her a cab home. She refuses, screaming/yelling, gets escorted out. Then opens the bottle she had bough earlier from the bottle shop, gets even drunker.

Walks onto road out front, gets hit by cab.

Sues club for not giving "duty of care". Wins.

Everything is someone else's fault these days

puckish Rising Star

puckish

Posted
Posted

Hmm Since we are not a club as such but just a group of people who contact each other over the web then we are not a collective so to speak, so who are they gunna sue? Not the cruise organiser as he is not responsible for the person driving (or trying to drive) nor the other vehicle that may be at fault.

Honestly who could be held responsible for the fact that someone else caused there own death due to their stupidity.

The reason cigrette companies were sued was that there product could only have been satistically correllated to the death of smokers. Silly ......but true.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing


  • Latest Posts

    • 25RBGT
      Got this r31 silhouette flood car to rebuild.

      By 25RBGT · Posted

      Rear doors central locking wiring removed and cleaned. See the first 8sec video of when it’s filled with river silt. its a snip of what I’m up against. front and rear doors complete now. Maybe another day removing carpet and bits and pieces. Then the re assembly begins. 🤙 att.DqweJqhY5MZiZYQDVMhn3LtvdD1RBZ7TBG4f2s7W1zM.mp4 att.lFuN22MZEowqCbFAXoDw009r2gHL76ChMVfxMfBX-uk.mp4
    • joshuaho96
      Dual exhaust questions

      By joshuaho96 · Posted

      There aren't boost creep issues, it's not engineered around the restriction of the cats but if you haven't tuned the engine a full decat + exhaust can flow enough air to run off the end of the OEM load scales and you will get a pretty substantial reduction in ignition timing as a result. I recommend using DFCO, avoiding ignition cut limiters, and avoiding popcorn tunes along with running a cat unless you enjoy a perpetually soot-covered and potentially burnt bumper.
    • 32.det
      My R32 Money Pit & The Headaches That Come With It

      By 32.det · Posted

      Small update, it's been slow moving over the Christmas period with money having to go everywhere thats not my car 😅. I got myself a little present to myself from "santa" in the form of some tidy radiator mounts from fitmint automotive to get rid of the stock ones that look like they have been in an accident before and then straightened by a caveman. I know I should've replaced the rubber bush at the same time but I had no idea how bad they were until I was replacing the mounts. Decided to order their dash mat while I was at it as I feel like I am lucky enough to have a pretty decent condition dash and I don't want to risk it being ruined while it's parked in the aussie sun while I'm at work. I have found another electrical fault to add to the evergrowing list to eventually chase down. Every time I replace my taillight globe it blows within a day of use, I'm starting to think my life would be easier if I took a few minutes to learn how to use  a multimeter 😂.   Had some luck with finding a series 2 drivers headlight on marketplace to replace my mismatched series 1 headlight, a subtle difference but it's nice to have a matching set of lights now.   I returned to the air con problem due to being sick of this summer heat, found a good condition condenser to replace my leaking one! I got it in the car and was happy when I got the thumbs up that the system was now holding gas. Sadly the compressor is not kicking in for some reason, we even tried branching the relay in the fuse box. I have tried to do some research on the issue with no clear understanding of what the fix is, so for now it will be placed on the backburner until I can be bothered to look into the wiring to the compressor. The last small mods I have done was cutting the horizontal vents out of the front bar, not really in a functional airflow sense but I just think it looks better as I am not a fan of the series 2 bar. I also switched the shift knob out for a hosoboyo aluminium grex style one, it has a really nice more direct driving feel than the outdated rubbery oem one. Thirdly, I chucked on one of the ebay bonnet strut kits. The fitment is decent and they seem to work fairly well. They have only given out once while the car was parked facing downhill, I think if I was working under the bonnet I would still put the oem hood stay up to be precautionary as to avoid getting a speedy concussion.
    • 25RBGT
      Got this r31 silhouette flood car to rebuild.

      By 25RBGT · Posted

      Got pneumonia, haven’t played with her in a while, but I’m back now. Previous owners cut bonnet pins into the bonnet. My choice try find a replacement or spend $15 get some pins myself to cover up. Now only one small hole to cover. looks shit now, but when the bonnet is red again. Be good 🤞
    • GTSBoy
      R32 gtst speedo out by 10kph

      By GTSBoy · Posted

      No R32 GTSt had 15" wheels. 205/55-16 was standard GTSt fare. 4.36:1 is standard R32 turbo auto diff. I think the manual was too, not 4.11. 4.11 and 4.08 were R33 namual and auto respectively.
×
×
  • Create New...