Legal Advice/Lawer needed for BM

37 Posts | Latest reply on 06/06/2010 22:35:17 by oitsnik | Go to original / last post
Matt's Profile
Matt

In: Veldhoven
Posts: 8054
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Anneka, your right - normal people wouldn't but we now live in a society where you always try to claim for everything against someone else.  I don't want the risks, or at least i want to know if there are risks. Plus now that we have an events team, we're hoping to organise more.  But again they will be organised by a few people from the website and my involvement will be minimal                                                                                                                                                                             
JP's Profile
JP

In: Birmingham
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JBT yes the smaller evets as you say, mates out for a ride or bbq and down the pub for a meet even when its on the site isnt an issue, its the bigger event that carry the Bikermatch logo when we get ppl from off the site turn up and trip over a twig get whiplash and hurt there back and now unable to walk, ride there bike, or work again NOT that thay had a job in the 1st place and thay take BM to court for compensation. The Barmouth weekend in a few weeks is just a few mates going away yes its on the site but not a BM event so the campsite has the duty of care, if we put it as a BM event or rally BM has the duty of care to vet the campsite and all events that happen over  the weekend would be the duty of care from both the site and BM.                                                                                                                                                                              
Sandi's Profile
Sandi

In: Huddersfield, W
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  Jeez what a minefield!   Altho I'm pessimistic by nature I like to think fellow members wouldn't rush for a solicitor as soon as they snag a nail. Especially as so much fun seems to be had by most, if not all, who attend these gatherings.   I think you'd be pretty safe Matt, most of 'em are alki...erm...drink alcohol so part of any blame would be theirs Evil Smile allegedly LOL                                                                                                                                                                                
JP's Profile
JP

In: Birmingham
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Trouble is Kwak you dont know who is going to turn up I do agree that I cant see any one off here trying it but its the ppl from outside the site that come along to an event and think thay can make a fast buck and some events will have to have all the i dotted and t crossed
Sandi's Profile
Sandi

In: Huddersfield, W
Posts: 17948
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  Trouble is Kwak you dont know who is going to turn up I do agree that I cant see any one off here trying it but its the ppl from outside the site that come along to an event and think thay can make a fast buck and some events will have to have all the i dotted and t crossed   Mm maybe a 'members only' policy then JP, and B M members have I D card with membership number on it to gain access?                                                                                                                                                                               
JP's Profile
JP

In: Birmingham
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could be agood idea, then could be away round the problem in Ts-un-Cs                                                                                                                                                                              
Matt's Profile
Matt

In: Veldhoven
Posts: 8054
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just hoping nobody will call a solicitor if they trip over wont work though Kwak.... with 30,000 members there WILL eventually be someone who just doesn't care whos life s/he ruins.   JP/Kwak, I don't think that helps.  Anyone is welcome to the events, like if we have a rally weekend at the Vic bikers pub, then people will see it advertised in the pub even if they dont have internet.  So they'll turn up and are welcome to join in making the event a success. Now, is everything covered by the pub's insurance?  Even outside the pub in the gardens?  What if the band fall off the stage cos the stage wasn't set up correctly?  Is it the person who set up the stage?  The person who organised it to be there?  The pub?  The person who provided/owns the staff?   Also, if some bikers get totally wasted, way too drunk, cause trouble for local residents... is BikerMatch liable for not ensuring responsible drinking?  Not sure how that is in the UK, but in AUstralia the person serving the drink is responsible for anything done by the consumer!                                                                                                                                                                             
Sandi's Profile
Sandi

In: Huddersfield, W
Posts: 17948
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  Crikey Matt, tha' gerrin' paranoid, you really don't like stayin home do ya? lol   I doubt anywhere near 30,000 members will turn up, altho we usually get a good turn out (in my locale) every time, we rarely exceed 40 at any one time. Perhaps more at the URE welcome rally?   I know that excluding non-members isn't what we're about but if the risk of being sued worries you that much then maybe it's your only option?                                                                                                                                                                               
Matt's Profile
Matt

In: Veldhoven
Posts: 8054
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Kwak - im not talking about one event lol.   I'm talking about the 600+ events in our calendar every year, a handful go here, a handful go there... but in the end a LOT of members attend at least one event.  It only takes ONE to cock up and hurt someone, and I need to be sure that neither myself nor anyone from the events planning team can be sued!   It wouldn't be fair for me to ask the 10 members of the new events planning team to create events without me doing my best to protect them from the blame-game system in the UK.                                                                                                                                                                             
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Deleted Member

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Well there is only 2 alternatives either the person organising the event pays for insurance and charges a covercharge to all that are going or Matt gets a block insurance and charges a fee for each attendee to events under BM name.

This would probably deter people putting their names down committing to events. The Cornwall event had 25 names plus down at one time yet only only 11 or 12 turned up. Luckily they had partners/ friends & family to boost numbers. So really it would probably end up costing a fortune to the organiser and I for one would be bitten once then twice shy..... I have been caught out with similiar things before.....
JP's Profile
JP

In: Birmingham
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As I understand it if the event is at a pub inside the pub and grounds it would be the landlords responsabilaty to insure the venue is in a safe condition for all customers and its grounds are in good order. If BM hired a venue for sole use to members the hall/room must be in a safe condition to be used the same as if you go to a pub for a drink. If BM hold a rally or event in a field it would be Biker Matchs responabilaty to insure the field is fit for perpose and safe Including toilets safe drinking water and washing and all heath and safety matters any outside contractors that are hired i/e food vans kids play equipment and so on would be on there ins. If parking bikes on a feild and the ground is muddy and bikes were dropped or stands sunk and bikes fell over and were damaged you could use the owner of the motor cycle failed to have a duty of care by parking said bike on unstable ground or by telling the riders on arival that the feild was unfit to ride on and if thay did so it was at there own rise and doing so there are failing to show a duty of care to others attending                                                                                                                                                                              
Matt's Profile
Matt

In: Veldhoven
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lol you really gotta use some full-stops, that gave me headache  :-)  But yea I get you.  Just waiting to hear back from lawyer, he might be able to write me a Terms and Conditions page that everyone has to agree to which really covers me.                                                                                                                                                                             
anneka56's Profile
anneka56

In: Stockport
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Sheesh  i am really too old to understand this  damn claim culture...If  i fall over it's my fault  i should have been looking where i was going ! If  i am inebriated   well on my own head be it!!! ( not that i drink you understand   ahem ) Never had all this crap when i was young and daft !!!! 
Matt's Profile
Matt

In: Veldhoven
Posts: 8054
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some people can't accept that they're too stupid to look for wet floors or cracks in the pavement.  So when they break their leg they sue sue sue.                                                                                                                                                                             
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Deleted Member

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thing is I agree with Annneka, unless someone comes along and sets fire to me or my bike kit etc whats the point...in the UK a small claims court can award compensation but an individual doesn't pay the court seldom does anything about it anyway.....its just a token effort....   But yeah if I fll over its my fault it a roof falls down on me and the owner knew it was dodgy them his fault, if I'm ok then fine I was lucky I call him a few choice words end of it, if I get hurt then of course I would try to get compensated for any loss.....but I don't see why you should actually be in pocket for hundreds of thousands unless you are unable to work and it has changed your general health and or well being....   any thing else like hurt feelings etc is just oppertunist compensation seeking twats....                                                                                                                                                                             
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Deleted Member

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Totally agree with JP

I've been involved in organising various rallies for clubs over the years, plus I audit health and safety systems in power stations including the nuclear ones

Everything else depends on where the event is being held

A field. If its organised as and publicised as a BM event, then you will be seen as the responsible organisation, you will need to provide risk assessments, fire precautions, which is why all the rallies say no fires now etc. Simplest thing in that case is to first of all join MAG as an associate member, they offer cheap Public liability insurance for rallies and events.

Pub or pub grounds, the landlords insurance etc will take care of that (I've had a pub too in the past)                                                                                                                                                                             
oitsnik's Profile
oitsnik

In: Wirral
Posts: 23
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Why not just write up a disclaimer notice,same as you get at sports events,You want to go you sign a disclaimer,You dont want to sign then you dont go,its as simple as that,Just saves any messing about with Lawyers,Solicitors,Etc...                                                                                                                                                                               


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