Am I in the wrong?

[Flashman]

VULTURE, on 05 May 2016 - 2:30 PM, said:

ok haven't really got an answer to my question so will wait to see what Davida say,

@ flashman. So if I knock your shotgun over and I told you to jog on would you like it?

 

I don't leave my gun casually lying around, hanging off a branch, so it wouldn't happen.

Edited May 5, 2016 by Flashman

[robbiep]

ok haven't really got an answer to my question so will wait to see what Davida say,

@ flashman. So if I knock your shotgun over and I told you to jog on would you like it?

 

 

If you put your gun in such a place as it was highly vulnerable to getting knocked over or damaged in some other way, you'd be at least partially liable - it's called contributory negligence.

[AVB]

ok haven't really got an answer to my question so will wait to see what Davida say,

@ flashman. So if I knock your shotgun over and I told you to jog on would you like it?

You asked the PW community for our opinion and the consensus response is that you should just suck it up. Now you say that you haven't got an answer. You have it's just not the answer you wanted to hear.

[felly100]

You'll be telling us you don't fasten your seat belt until you're under way next.

You've put your head above the parapet.

Watch PW go!

[VULTURE]

I was trying to find out if I was being unreasonable or not , not to be told I was responsible for hanging a helmet where it shouldn't be touched, it was away from any interference up against a steep grass bank and I was standing six feet away talking to a complete stranger who was interested in my bike,then this guy just walks into it and knocks it off,how he stayed upright on the bank I don't know.

So how come I'm in the wrong now,

I've owned that bike for 23 years and never had anything like this before.

Remind me never to ask for advice on here again.

Felly cars are for wimps

[nobbyathome]

I was trying to find out if I was being unreasonable or not , not to be told I was responsible for hanging a helmet where it shouldn't be touched, it was away from any interference up against a steep grass bank and I was standing six feet away talking to a complete stranger who was interested in my bike,then this guy just walks into it and knocks it off,how he stayed upright on the bank I don't know.

So how come I'm in the wrong now,

I've owned that bike for 23 years and never had anything like this before.

Remind me never to ask for advice on here again.

Felly cars are for wimps

vulture you are not being unreasonable as you didn't drop the helmet someone else did it for you

you have asked for advice and got coated by quite a few for leaving a £800 crash helmet on the bike and to be honest rightly so I work in central London and if I put my crash helmet on my mirror or handlebar ends for more than 5 mins someone would steal it

you have now said the 800 pound crash helmet is now for the old one and for a new one ????

you can only claim for 1 you haven't got 2 heads now you say its worth 300 pounds big difference from 800

if I was you I would put it down to experience and swallow it

he was in the wrong moraly and legaly

you are a fool for leaving it on your bike

[sportsbob]

The answer seems to be most people think you are being unreasonable in expecting the person who you say knocked it off to pay as in several opinions you did not fasten it securely, I believe one such term was "Jog on" and another was "contributory negligence". Your options seem to be claim from your own insurance under the clothing and helmet clause, somehow find out the persons name and address and then pay to take them to small claims court where you will need to prove there was no "contributory negligence" or take it on the chin. Now all of this is only peoples opinions and they may all be wrong as I doubt any of the opinions have been made by a Barrister.

[TIGHTCHOKE]

I was trying to find out if I was being unreasonable or not , not to be told I was responsible for hanging a helmet where it shouldn't be touched, it was away from any interference up against a steep grass bank and I was standing six feet away talking to a complete stranger who was interested in my bike,then this guy just walks into it and knocks it off,how he stayed upright on the bank I don't know.

So how come I'm in the wrong now,

I've owned that bike for 23 years and never had anything like this before.

Remind me never to ask for advice on here again.

Felly cars are for wimps

 

But you did and don't like what many people have said.

[VULTURE]

Why is leaving it on the bike yet stand a few feet away classed as negligent,I was watching it the whole time! It was hung by the strap and had to be lifted up and outwards to remove it,it can't slide off.

Had I knocked some body's helmet I would immediately due the honourable thing and offer to pay for a replacement.

[four-wheel-drive]

I would contact the manufacturer and tell them that your new helmet was damaged by falling just 18" so in my eyes it must be faulty just think what would have hapend if you hit something at say just 30mph you would not only need a new helmet but also a new head.

[figgy]

Vulture it would have been better to say you have had some replies you didn't expect and thanks for all your input lads. You been on here long enough to know what to expect from the masses.

[VULTURE]

Figgy, you are right,

[grrclark]

It actually worries me a little bit that we are moving toward a society where there has to be blame and compensation for everything.

 

If I broke something that wasn't mine by freak accident I would offer to sort the situation out, but accidents can and do happen all the time. Was the bloke being reckless in walking past your bike on the uphill side? we cannot possibly know that as we were not there. Was there a load of guys standing around on the downhill side of the bike that made him think it was easier to get past on that side?

 

If i accidentally knocked someones lid off an indicator arm that was 18" or less from the ground on a grassy bank by brushing past it I would pick it up and sincerely apologise, but I would never expect to pay for a brand new one.

 

If someone walking along accidentally splashed my cashmere long coat with a bit of muddy grime from a puddle that permanently stained the coat would I expect them to spring a few hundred quid for a new one? Not a bit of it, it is an accident.

 

If we have expensive possessions and hold them dear to us then we protect them as best we can, but if something goes wrong by accident well sometimes life sucks.

 

It's different if someone is being reckless and causes damage through utter disregard for their actions, but for everything else either get insured for accidental damage on anything important or suck it up when it goes wrong.

[VULTURE]

I understand what people are saying but I really can't see how I'm to blame, I've spoken to other people and no one even mentioned that I was in any way responsible.

To clear up the helmet cost I bought some goggles and other stuff with it which came to £400 about a month ago, the replacement helmet was £300 just me not fully thinking when typing.

Thinking back To Sunday I think the guy attitude got to me more than the damage and the fact he tried to move on rapidly.

Had the guy apologised I probabily wouldn't had mentioned it on here or anywhere else.

So is the last I'm saying about it although I'm still cant see how I'm to blame.

Thanks for helpful and no so helpful replies.

Cheers. Vulture.

[robbiep]

I understand what people are saying but I really can't see how I'm to blame, I've spoken to other people and no one even mentioned that I was in any way responsible.

To clear up the helmet cost I bought some goggles and other stuff with it which came to £400 about a month ago, the replacement helmet was £300 just me not fully thinking when typing.

Thinking back To Sunday I think the guy attitude got to me more than the damage and the fact he tried to move on rapidly.

Had the guy apologised I probabily wouldn't had mentioned it on here or anywhere else.

So is the last I'm saying about it although I'm still cant see how I'm to blame.

Thanks for helpful and no so helpful replies.

Cheers. Vulture.

 

Ahh. So basically, it looks like you wanted us all to say that it was the other person's fault.

And some of us haven't, so therefore we're wrong too.

 

Look up 'contributory negligence'. It basically means that by your own negligence, you have contributed to the losses you have incurred.

So, if you put a fishing rod across a footpath, and a cyclist rode across it, breaking it, you'd probably be viewed as being responsible for most of the damage - quite possibly 90% or more being your fault.

In this case, you might be responsible for 50%, or 20%, or some other figure. The only way to get the actual percentage determined would be to take the person to court, and see what the judgement came back as.

[poppythedog]

Never in the field of human communication has so much gonads been talked about crash helmets by so few to so many.

 

There are £20 helmets out there that have a higher SHARP rating than helmets costing many hundreds of pounds!

 

I have a helmet which has an ACU gold sticker, so cleared for racing, has a 4 out of 5 star SHARP rating and delivered cost me £20, inc carriage. It has a higher SHARP safety rating than helmets costing 15 or 20 times as much. My crash helmet was bought new, from an English retailer who has been involved in the sale of motorcycles since 1929 A.D. so they won't be passing off hookie rubbish on the public as they have a heck of a reputation to lose.

I'm interested to know what make/model & where you can buy a new helmet with ACU gold sticker for £20 inc P&P? Please enlighten us.

[TONY R]

I'm interested to know what make/model & where you can buy a new helmet with ACU gold sticker for £20 inc P&P? Please enlighten us.

I thought this.

[FalconFN]

10 seconds of searching and.....Ebay. 380904803613

[Gordon R]

I would seem to be in a minority, but I think the other lad was at fault and should pay. It is hard to be definitive without a diagram showing where the bike was, where the road was going, dimensions etc.

 

If the other party couldn't get past the bike without knocking the helmet off, he should have found another route or taken more care.

 

How many posters would be happy if their wing mirror was broken off in a car park? Would they accept it was their fault for parking there or not folding the mirrors in?

 

The OP might have misjudged the safety of his helmet, but he didn't knock it off.

 

I would be taking advice.

[nobbyathome]

Never in the field of human communication has so much gonads been talked about crash helmets by so few to so many.

 

There are £20 helmets out there that have a higher SHARP rating than helmets costing many hundreds of pounds!

 

I have a helmet which has an ACU gold sticker, so cleared for racing, has a 4 out of 5 star SHARP rating and delivered cost me £20, inc carriage. It has a higher SHARP safety rating than helmets costing 15 or 20 times as much. My crash helmet was bought new, from an English retailer who has been involved in the sale of motorcycles since 1929 A.D. so they won't be passing off hookie rubbish on the public as they have a heck of a reputation to lose.

secret agent mole I am not talking a load of old gonads I have worn crash helmets for over 40 years and raced motorbikes for ten years and in that time I crashed quite a few times and scuffed my helmet etc as I was sponsored by a crash helmet manufacturer everytime I damaged my helmet it went back for testing and I can assure you the only time they said do not use the helmet anymore was when I hit my head repeatedly on the track at over 140 mph a drop of a crash helmet from 18 inches to 2 feet would not ruin it cosmeticly yes but not structually

[rich1984]

If i were him i would offer to buy a replacement, looking at the damage its clear to see its cracked and not a pin ***** type chip.

 

Wether it was secure on the stalk or not, he knocked it off.

 

What would have made my blood boil would be him laughing and walking away.

[nobbyathome]

If i were him i would offer to buy a replacement, looking at the damage its clear to see its cracked and not a pin ***** type chip.

 

Wether it was secure on the stalk or not, he knocked it off.

 

What would have made my blood boil would be him laughing and walking away.

rich that is another story I agree I would have been pretty angry if he would have laughed and walked away I think most of us that would have knocked it off would have delt with it in a different way I would have apologised but as for buying him another one mmmm I don't know about that I suppose it depends how the conversation went with him at the time

[islandgun]

I would seem to be in a minority, but I think the other lad was at fault and should pay. It is hard to be definitive without a diagram showing where the bike was, where the road was going, dimensions etc.

 

If the other party couldn't get past the bike without knocking the helmet off, he should have found another route or taken more care.

 

How many posters would be happy if their wing mirror was broken off in a car park? Would they accept it was their fault for parking there or not folding the mirrors in?

 

The OP might have misjudged the safety of his helmet, but he didn't knock it off.

 

I would be taking advice.

 

yes he shouldnt have been close enough to the bike to knock the helmet off and he should have apoligised, but I fail to see what the OP can do about it

[rich1984]

depends how the conversation went with him at the time

 

I think that is often how things are decided, i once had a young lad drive into the back of my work van bending under the step, he was a new driver and was in tears at what he had done, his dad turned up and offered cash for the repairs and said he would get it sorted rather than hyke the lads insurance premiums, because they were nice genuine people i told them to put the cash towards fixing the lads car and not to worry about my van, i just "fixed" it with the fork truck in 2 mins. Had they been funny it would have been an insurance claim.

[felly100]

What would the PW cognoscenti say,I wonder,if it had been a cyclist and not a pedestrian?My guess would be along the lines of hanging would be too good for him.