# Paralysed Rider sues MTB Instructor



## Ciar (11 Nov 2016)

Hi,

Dont anyone saw the original article http://www.telegraph.co.uk/news/201...lysed-in-cycling-accident-sues-79-mountain-b/ about this, but it's just been announced that the instructor lost the case, which now bodes very badly if you ask me.


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## Bimble (11 Nov 2016)

Difficult to know without all of the facts, but if the "learner" had two years of MTB experience then he can hardly wholy blame the instructor - he should have know what to expect getting on an MTB in a forest, surely?


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## Ciar (11 Nov 2016)

Bimble said:


> Difficult to know without all of the facts, but if the "learner" had two years of MTB experience then he can hardly wholy blame the instructor - he should have know what to expect getting on an MTB in a forest, surely?



I would say so yes, don't get me wrong i feel sorry for the guy but at the same time, when i ride if i don't like something i avoid and take the b line, i am 45 two kids and can't afford to be smashing myself to bits, but as each article i have read says he had been riding MTB for years yet a novice which doesn't really give you an idea of his skill level, could have been towpaths or really basic trails with zero technical riding.


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## Drago (11 Nov 2016)

This is why I have insurance when teaching.


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## steveindenmark (11 Nov 2016)

What is a MTBer with 12 years experience, doing on a beginners course?

You would also think that there is a disclaimer form to sign before you start the course. I assume the other students all got through safely.


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## Salad Dodger (11 Nov 2016)

I used to be a kayak instructor (voluntary sector) for a local canoe club. The club was properly constituted and had insurance cover through the sports governing body. We followed the governing body guidelines, and were mostly taking people out on purely flat water trips. 

Yet still I feared that I might be deemed personally liable in the event of an accident, so I walked away from the sport altogether, rather than put my family at financial risk.....


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## TheDoctor (11 Nov 2016)

Isn't that what professional indemnity insurance is for?


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## GrumpyGregry (11 Nov 2016)

steveindenmark said:


> What is a MTBer with 12 years experience, doing on a beginners course?
> 
> You would also think that there is a disclaimer form to sign before you start the course. I assume the other students all got through safely.


I had over 15 years under my belt before I took a basic course, in the hope I would not fall of as often.

It, and its successors, worked to the extent that I subsequently only crashed at much higher speeds on much gnarlier terrain

EDIT ;Not sure how far down a novice would get on Barry Knows Best on the "notorious" Holmbury Hill.


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## TheDoctor (11 Nov 2016)

Well, that's obviously better!


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## Nigeyy (11 Nov 2016)

That's a tough one -it has to depend on the context I'd think. On one hand you'd think people appreciate any kind of activity can have its dangers, and on the other hand if the instructor really pushed someone to do something they were not capable of, he has to shoulder some of the responsibility. Not sure I give any credence to the number of years of experience the biker had -I mean, I've been mtbing for over 25 years and I'd still kill myself on some sections other people can do who've only been cycling for a month.... 

The biggest things to come out of this would be that you have to have to be very careful giving instruction, there are always risks, and you should have insurance to cover such eventualities -and for good reason. Don't think too many winners in this story.


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## fossyant (11 Nov 2016)

The instructor will have insurance - that's why you have it. Unfortunately stuff does go wrong and it is a risky sport, even with the best instructors. One of those things, and difficult to prove liability. The insurance is there and it will help provide for the guy who has lost a lot. There was 80% liability. What we don't know is how experienced the rider was really.

We don't know the full case.

It's actually not 'hard' to get yourself paralysed, just needs an awkward landing. I was hit at 13mph !


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## simongt (11 Nov 2016)

Playing Devil's advocate; the 'victim' did work for a firm of solicitors.


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## TheDoctor (12 Nov 2016)

I don't see why you put quotes around the word victim. It's not like they're pretending to be paralysed.


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## mustang1 (12 Nov 2016)

Telegraph. Eeeewww.


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## Dave 123 (16 Nov 2016)

Salad Dodger said:


> I used to be a kayak instructor (voluntary sector) for a local canoe club. The club was properly constituted and had insurance cover through the sports governing body. We followed the governing body guidelines, and were mostly taking people out on purely flat water trips.
> 
> Yet still I feared that I might be deemed personally liable in the event of an accident, so I walked away from the sport altogether, rather than put my family at financial risk.....




I used to lead on white water up to grade 4. Our club trips were never official club trips. They were advertised as 'group of friends' trips. Nothing ever did happen as we were very tight, but I'm sure we would have been on dodgy ground.


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## bianchi1 (20 Nov 2016)

Court report here

/https://lookaside.fbsbx.com/file/Ah...SfhP4xyC7tyj6y90TzNp-8wNwADEuhLlXe9XD6x4R6C2G


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