Well folks — this is a new high point in a litigeous society !!! Look at the article below — I actually pulled it in from Bicycle Retailer magazine / web site — because it looks so improbable… But do I believe it? Yes, absolutely — I can see how the grief stricken parents are looking at all possible reasons to explain the tragic death of their child….But all in all I do not see the reason in their action.
from the article named: Strava countersues in death of California cyclist
SAN FRANCISCO, CA (BRAIN) — Strava has filed a response in San Francisco’s Superior Court denying responsibility for all 26 charges set forth in a negligence lawsuit stemming from the 2010 death of a cyclist who was killed while using the popular personal fitness mobile application.
Strava also countersued William K. Flint I, the father of Kim Flint Jr. and administrator of his estate, saying that when Flint Jr. joined Strava on Oct. 7, 2009, he electronically signed and agreed to Strava’s terms and conditions, a part of which excludes Strava from responsibility of legal claims or demands arising from a user’s connection to the site.
Flint Jr., 41, died on June 19, 2010, when he collided with an automobile while attempting to defend his “King of the Mountain” on a ride in Orinda, California’s Tilden Park. King of the Mountain is the term Strava uses to identify the fastest rider on a particular segment, clocked by GPS. The Strava app allows users to record ride times and ranks riders on individual segments. Flint was apparently trying to regain the King of the Mountain title he had recently lost at the time of his death. (Related: King of the (Down) Hill)
His parents filed a negligence lawsuit against Strava in June, saying the company encouraged dangerous behavior by failing to warn cyclists that the road conditions were not suited for racing, and not taking adequate measures to ensure KOM challenges took place on safe courses.
In the countersuit, Strava contends that it is not liable for damages in Flint Jr.’s death because it was the result of his negligence, not the company’s. Strava claims that Flint Jr. was riding recklessly over the posted speed limit on the wrong side of the road when he crashed.
A case management conference is scheduled in the case on Nov. 21.
I find this event rather disturbing — I myself use a number of iPhone applications that allow me to track my statistics for the rides I do. I have added several write-ups on this blog about these software applications. Check them out!
But I have not thought for one second that I may bring legal action against anyone associated with the development of these applications….What is the point? Even without the legal disclaimers, it is obvious "DO NOT TAKE YOUR EYES OFF THE ROAD"!!! For any reason!!!
What do you think? And enjoy your biking experiences!