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A and B collided as descibed in the topic. What's next?
Rider A pays for all costs as he was “more” guilty. 0%  0%  [ 0 ]
Rider B pays 25% of new line’s cost to rider A. 0%  0%  [ 0 ]
They split the new line’s cost in a half – the rider A pays 50% 0%  0%  [ 0 ]
Rider A leaves the scene without any compensation -incidents happen and everybody should take it into own account. 0%  0%  [ 0 ]
Rider A (a big fella) – gets immediately 100% compensation as he throttle rider B (a tiny chap). 0%  0%  [ 0 ]
Rider A (a tiny chap) – is knocked down at the scene by rider B (big fella). 0%  0%  [ 0 ]
Any other option – please specify in the topic. 0%  0%  [ 0 ]
Total votes : 0
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 Post subject: Legal post incident practices
PostPosted: Sun Mar 13, 2011 6:12 pm 
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Wonder to know our knowledge about legal post-incident practices.
Let’s assume there was an incident. Rider A collided with rider B.
Rider A breached the rules and did not give a way to the rider B.
Few seconds before the collision he has realised his mistake and tried to avoid the collision. Unfortunately in that moment the rider B did panic and breached the rules too (for example he changed direction of riding into the rider B).
In a consequences rider’s A lines were cut in half. Nothing happened to rider’s B gear.
The rider A was 75% guilty and the rider B remaining 25%.
What then?

For any kind of visualisation watch this (assume it happened at sea:


{ SHARE_ON_FACEBOOK } { SHARE_ON_TWITTER } { SHARE_ON_ORKUT } { SHARE_ON_DIGG } { SHARE_ON_MYSPACE } { SHARE_ON_DELICIOUS }
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 Post subject: Re: Legal post incident practices
PostPosted: Sun Mar 13, 2011 6:33 pm 
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Quote:
Rider A breached the rules and did not give a way to the rider B


What rules?

Anyway, both A and B should be grateful nothing more serious happened and both learn to pay more attention. You could see that coming a mile off.


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 Post subject: Re: Legal post incident practices
PostPosted: Sun Mar 13, 2011 7:19 pm 
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poll seems to be broken but i vote for #4. personally if I caused an accident i would own up to it and offer to pay at least part but i don't think anyone should be responsible for anyone else's equipment if it's an accident


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 Post subject: Re: Legal post incident practices
PostPosted: Sun Mar 13, 2011 11:21 pm 
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JGTR wrote:
What rules?


My poll is based on a hypothetic assumption of any collision.
The collision described in the poll is not the same situation as on the video.

Replying to your question I would say following:
(rider A – orange, rider B – Flysurfer)

1. According to Racing Rules of Sailing including the latest Appendix BB:Rider A breached rules: 11 and 12
Rider B breached rule: 14(b)

2. According to the KiteRegs for recreation riders
viewtopic.php?f=1&t=2357220&hilit=kiteregs
Rider A breached rule: 4.2
Rider B breached rules: 1.1 and 9.1

NB. I do not know why the poll does not work :(
I believe I need any authorisation or Toby's approval to post a poll:?:


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 Post subject: Re: Legal post incident practices
PostPosted: Mon Mar 14, 2011 12:10 am 
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If you are lucky enough that someone offers to pay you something then great. If you don't want the risk of a collision then WTF are you doing racing (to me the video looks like a race, if not then I really don't understand what they were doing). When you race you are typically only a few feet from other riders and their kites - shit is going to happen.

If you are such a tight ass, letigous dickhead that you can't handle the risk of racing then here's what you are going to do - pack your $10,000 worth of specialized light wind kites and uni-directional race boards with multi-fin combo's (that still guarantee you finish last) into your Cadillac Escalade and go spend some time with your wife who's screwing the pool boy.

That's not what our sport is about, whether you are racing, freeriding, wakestyling or kite surfing - it's not about that kind of bullshit and as far as I'm concerned you should find a sport more appropriate to you like polo or croquet (I don't even think you are cool enough to golf).

K


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 Post subject: Re: Legal post incident practices
PostPosted: Mon Mar 14, 2011 2:42 am 
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Yes by all means, all you litigious types stick with something indoors. If you kite in a crowd, that's your choice. If someone hits you, it's a bummer, but it's you who chose to launch and ride in crowded conditions. If crowds bother you, learn to get the heck upwind and ride there. We have days where there are 50 kites flying with all skill levels. Personally, I launch and race up wind and find perfect conditions with no one around. There are some local 'experts' that will zig through the crowd, jumping near the beach and wowing the spectators. Real cool. Those types are the biggest risk for accidents and also are the ones with the 'get out of my way attitude'.
In any case, kiting is a choice. If the conditions or risks are not acceptable, please take up video games.


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 Post subject: Re: Legal post incident practices
PostPosted: Mon Mar 14, 2011 10:06 am 
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ktflyer381 wrote:
If you are such a tight ass, letigous dickhead that you can't handle the risk of racing then here's what you are going to do - pack your $10,000 worth of specialized light wind kites and uni-directional race boards with multi-fin combo's (that still guarantee you finish last) into your Cadillac Escalade and go spend some time with your wife who's screwing the pool boy.


:lol: :lol: :lol: Any traumatic selfexperience? :allbegood:

Quote:
That's not what our sport is about, whether you are racing, freeriding, wakestyling or kite surfing - it's not about that kind of bullshit and as far as I'm concerned you should find a sport more appropriate to you like polo or croquet (I don't even think you are cool enough to golf).


Be more clever please, not another so-called expert saying what somebody has to do.
I would appreciate if you advise all of tight asses like me what is a legal consequence of such a collision and how to sort it out if they collide and one of them is seriously injured?

And please save more empty declarations about OUR SPORT, freedom, peace etc to yourself.


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 Post subject: Re: Legal post incident practices
PostPosted: Mon Mar 14, 2011 12:59 pm 
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True, I wouldn't want to be sued for libel now would I. Sure I had some fun in my first post, but I was serious about the message - do you really want to make it so that we all have to register our kites and carry insurance to be able to ride? By extension then, all landowners both government and private would have to carry liability insurance in order to allow us to kite on / from their property. That is the quickest way I know to make sure everyone shuts their beach to kiteboarding - ask them to incur a large cost for your personal pleasure.

In the end I don't see how suing for replacement of kite equipment would ever be worthwhile in court, and given how dynamic kiteboarding in a crowd of people is I'm not sure how you would ever prove anything unless you are going to have your lawyer kite behind you with a Gopro.

Honest question, is that the road that people want to take with kiteboarding? IMHO litigation in our sport is a sure way to kill it.

K


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 Post subject: Re: Legal post incident practices
PostPosted: Tue Mar 15, 2011 8:01 am 
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Location: World (KF Admin)
there is a problem with voting for polls...we will try to fix it asap if we can...


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