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Accident liability

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skooch
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Accident liability

Postby skooch » Mon, 12 Jan 2015 12:21 pm

Hi All, I would appreciate if anyone has any experience of this situation. I was riding my motorbike in the basement carpark of the condo and unfortunately took a fall. It turns out that there was a spillage of lubricant of some sort on the floor which caused me to slide and fall. I was just wondering if the condo management is in some way liable for this ? I took photos and fortunately also had a bike cam mounted as well but a brief discussion with the security proved pointless. Minimal damage, just some scratches but not sure if its worth the hassle to follow this up. Cheers.

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Strong Eagle
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Re: Accident liability

Postby Strong Eagle » Mon, 12 Jan 2015 12:47 pm

Hopeless case. Unless you can prove condo management put the goop on the floor, it falls under the same category of every other reason that management will not be responsible for damages in the garage. This would include someone backing into your car, and the fact that you were a dumbass for riding through an oil patch.

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Re: Accident liability

Postby skooch » Mon, 12 Jan 2015 1:10 pm

Thanks for you input however I don't see the need for the abuse. I was looking for informed, friendly advice and not to be called a 'dumbass'.

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Strong Eagle
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Re: Accident liability

Postby Strong Eagle » Mon, 12 Jan 2015 1:24 pm

What abuse? You drove through the crap, lost control, and crashed your bike. You are at fault for not being aware of your surroundings. A proficient motorcyclist would have identified the threat and taken corrective action.

You, however, did not, and instead of taking responsibility for your actions, you want to assign liability to someone else. That makes you a dumbass... and if not that, someone unwilling to take responsibility for their own actions.

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x9200
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Re: Accident liability

Postby x9200 » Mon, 12 Jan 2015 1:36 pm

The only way you could blame the condo management for your misfortune would be if you informed them about the spillage and they neglected to act in reasonable time or the spillage was there for a long time (probably days) and well visible.

On the other hand they may be insured against this type of events so no harm to check out with the office. Security guys are not really people you should discuss it, You should notify them and them and that's it.

More interesting consideration would be responsibility of the condo management for a fall without any spillage but on the rainy day – I have yet to see a car par with the flooring that is safe for a motorcycles when wet.

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Re: Accident liability

Postby skooch » Mon, 12 Jan 2015 1:41 pm

Actually, having watched the cam footage, its very clear that the oil is not visible. In any case, good to see that a Moderator is abiding by the rules set down by the forum:

Insulting other users in any way, shape or form will get your message moved to Rubbish

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Re: Accident liability

Postby skooch » Mon, 12 Jan 2015 1:49 pm

Thanks X9200. That makes sense. A security guard was witness to it happening and took down a report but I will speak with the management office as well. I agree, in the wet the car park is like an ice rink and the ramp down into it is very bad as water runs down it in streams !

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Re: Accident liability

Postby sundaymorningstaple » Mon, 12 Jan 2015 3:22 pm

skooch wrote:Actually, having watched the cam footage, its very clear that the oil is not visible. In any case, good to see that a Moderator is abiding by the rules set down by the forum:

Insulting other users in any way, shape or form will get your message moved to Rubbish


Actually, it was not a moderator replying to your post. Had he been in moderator mode he would have stated so, as we all do in some form or another. We are all normal posters here but with some additional duties. When performing those duties we notify, in that post that we are doing so. We were all normal regulars here as well. We do, however, take it under advisement when we do get carried away when wearing the moderator hat, which we try not to do unless absolutely necessary.

moderator

NB: One thing we are noted for, however, is calling a spade a spade. Me in particular. :-( We don't beat around the bush.

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Re: Accident liability

Postby PNGMK » Mon, 12 Jan 2015 3:26 pm

Buy a lighter bike... seriously Singapore is just too damn wet and slippery EVERYWHERE for the really heavy bikes. I downtraded to a KTM 390 (128KG) to get away from the 1/4 tonne monster I had before.
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Re: Accident liability

Postby skooch » Mon, 12 Jan 2015 4:10 pm

Under Strong Eagles picture it says Moderator which is why I assumed as such. I'll focus on the other comments which have been useful and will put it down to banter which is as you say part of the appeal of this site. Cheers.

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Re: Accident liability

Postby bgd » Mon, 12 Jan 2015 4:40 pm

PNGMK wrote:Buy a lighter bike... seriously Singapore is just too damn wet and slippery EVERYWHERE for the really heavy bikes. I downtraded to a KTM 390 (128KG) to get away from the 1/4 tonne monster I had before.


Dropped my 250 on wet road markings recently so even light bikes can have problems here. Easier to pick up though. :)

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Re: Accident liability

Postby x9200 » Mon, 12 Jan 2015 7:43 pm

PNGMK wrote:Buy a lighter bike... seriously Singapore is just too damn wet and slippery EVERYWHERE for the really heavy bikes. I downtraded to a KTM 390 (128KG) to get away from the 1/4 tonne monster I had before.


I would expect heavier motorbikes have advantage on wet - i.e. less aquaplaning. Further, I would expect what is more important than weight is the shape and contact area of the tires. Lastly, a big guy like me on a light motorbike would put center of gravity pretty high - I don't think this would help to recover the bike if the worst happens.

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Re: Accident liability

Postby PNGMK » Mon, 12 Jan 2015 11:25 pm

x9200 wrote:
PNGMK wrote:Buy a lighter bike... seriously Singapore is just too damn wet and slippery EVERYWHERE for the really heavy bikes. I downtraded to a KTM 390 (128KG) to get away from the 1/4 tonne monster I had before.


I would expect heavier motorbikes have advantage on wet - i.e. less aquaplaning. Further, I would expect what is more important than weight is the shape and contact area of the tires. Lastly, a big guy like me on a light motorbike would put center of gravity pretty high - I don't think this would help to recover the bike if the worst happens.


But once it starts to go - the light it is the easier to right it back up.
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Re: Accident liability

Postby bgd » Tue, 13 Jan 2015 10:40 am

ABS rather than bike size is probably more important in the wet. If you are going to come unstuck it ususally involves braking.

Remember reading an article arguing smaller sized tyres were better in road surface flooding conditions because they could slice through the water rather than trying to pump it aside. It was actually about the joys of owning a 2CV so no idea how accurate that view is.

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Re: Accident liability

Postby Strong Eagle » Tue, 13 Jan 2015 1:24 pm

So skooch... I apologize for calling you a dumbass... and I take you to task for wanting to assign liability to someone else for your inept riding skills.

I have more than 100,000 miles of riding on motorcycles of all types. I crashed my first bike at 18... the next crash I had was on the Ho Chi Minh trail in Laos at age 62... in both cases, I f*cked up... I failed to read the situation.

And I called you a dumbass because YOU failed to read the situation, your environment, and instead of accepting your f*ckup and resolving to do it different next time, you look for someone to blame. I mean... you said it yourself... "its very clear that the oil is not visible"... if it's not visible to you, why do you think it's visible to anyone else... or that they have a responsibility for your error? I don't like people like you.

Again, I apologize for calling you a dumbass, and... you were and are one hundred percent responsible for the fact that you f*cked up.


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