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Re: Family of Dead Cyclist Sues Strava... [duffman] [ In reply to ]
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duffman wrote:

Well if there was no Strava there would be no record on the public course.

I suggest to you that this guy would have found a different way to put his life in danger without Strava.

How does Danny Hart sit down with balls that big?
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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Is this actually quoted from the website?

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@brooksdoughtie
USAT-L2,Y&J; USAC-L2
http://www.aomultisport.com
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Re: Family of Dead Cyclist Sues Strava... [BrianPBN] [ In reply to ]
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As much as I enjoy watching the US legal system where individuals never seem to be responsible for their own actions as it is always the fault of big companies with insurance (Caution! This coffee is hot!), I would submit though that you are amateurs in litigation when compared to the Belgians. When I lived there for three years I was required to carry special law suit insurance as a law suit was always the first thing that happened. If my child or dog ran into the road, got hit by a car and killed, the car driver would then sue me for the damage to his car, mental anguish and a variety of other failures on my part. I would be expected to counter sue. Any contract dispute always starts with a law suit before you even tell the other party what your complaint is. The lawyers there are always very busy.
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Re: Family of Dead Cyclist Sues Strava... [BDoughtie] [ In reply to ]
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Which brings up the most important question raised by this thread: is it "Kay-Oh-Emm", or "Comm"?

STAC Zero Trainer - Zero noise, zero tire contact, zero moving parts. Suffer in Silence starting fall 2016
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Re: Family of Dead Cyclist Sues Strava... [BDoughtie] [ In reply to ]
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BDoughtie wrote:
Is this actually quoted from the website?

Pretty sure it's in the text of the email notification you get, also containing a photograph of your loved ones with guns held to their heads by Strava's henchmen, making it very clear what the implications of NOT going for a KOM on that segment are.
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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davearm wrote:
"Here's a segment we know little about, except what we can ascertain from GPS data. Go see if you can ride it in under x:xx!"

You don't see the problem here?

I don't. Same as a group running a red light light and the last guy gettting clipped. He didn't get hit because the group ran a red light and he had to hang on, he got hit because he ran a red light.
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Re: Family of Dead Cyclist Sues Strava... [Goosedog] [ In reply to ]
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You guys are missing a big point. The lawyer is probably charging the family nothing, and there is a good chance they looked at all options to generate income from this accident. Strava just seemed like the best way to make a quick buck. I'm no expert, but I am pretty sure you can sue anyone for anything.

If I break my neck on my bike I can sue a poster for saying my seat is too high....

The only people with twisted enough minds to think Strava is actually at fault are lawyers. After taking 2 law classes and dealing with several lawyers, I've learned most of them have a very different idea of how society operates compared to the regular individual.
Last edited by: furiousferret: Jun 19, 12 10:34
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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davearm wrote:
"Here's a segment we know little about, except what we can ascertain from GPS data. Go see if you can ride it in under x:xx!"

You don't see the problem here?

I don't see them as saying that. I see this. "Here is a segment. Here is the fastest time anyone has done here."

That's it.

How does Danny Hart sit down with balls that big?
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Re: Family of Dead Cyclist Sues Strava... [furiousferret] [ In reply to ]
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So they are going to sue and then hope that Strava caves/settles to keep it from going to court (bad publicity)?

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@brooksdoughtie
USAT-L2,Y&J; USAC-L2
http://www.aomultisport.com
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Re: Family of Dead Cyclist Sues Strava... [furiousferret] [ In reply to ]
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furiousferret wrote:
You guys are missing a big point. The lawyer is probably charging the family nothing, and there is a good chance they looked at all options to generate income from this accident. Strava just seemed like the best way to make a quick buck. I'm no expert, but I am pretty sure you can sue anyone for anything.

No doubt. I was not suggesting there wouldn't be a lawsuit, I was suggesting that I don't see a problem with Strava, as I understand it.
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Re: Family of Dead Cyclist Sues Strava... [BrianPBN] [ In reply to ]
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BrianPBN wrote:
...claiming "negligence and that the website encouraged him to speed":

http://velonews.competitor.com/...cending-death_224889

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Re: Family of Dead Cyclist Sues Strava... [BLeP] [ In reply to ]
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BLeP wrote:
davearm wrote:

"Here's a segment we know little about, except what we can ascertain from GPS data. Go see if you can ride it in under x:xx!"

You don't see the problem here?


I don't see them as saying that. I see this. "Here is a segment. Here is the fastest time anyone has done here."

That's it.
You're certainly entitled to your opinion, but the whole point of Strava seems to be to encourage users to go beat that fastest time.

"Track your progress and challenge your friends."
"Compare your performance against friends, locals and pros."
"Set personal records and climb the leaderboards."

Strava is clearly going beyond simply reporting results.
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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davearm wrote:
BLeP wrote:
davearm wrote:

"Here's a segment we know little about, except what we can ascertain from GPS data. Go see if you can ride it in under x:xx!"

You don't see the problem here?


I don't see them as saying that. I see this. "Here is a segment. Here is the fastest time anyone has done here."

That's it.

You're certainly entitled to your opinion, but the whole point of Strava seems to be to encourage users to go beat that fastest time.

"Track your progress and challenge your friends."
"Compare your performance against friends, locals and pros."
"Set personal records and climb the leaderboards."

Strava is clearly going beyond simply reporting results.

What if a fitness-tracking app/site had similar language, and in the process of trying to beat a friend's posted time, a user suffered a heart attack or a stroke or some other medical catastrophe?
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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davearm wrote:

You're certainly entitled to your opinion, but the whole point of Strava seems to be to encourage users to go beat that fastest time.

So, do you see a problem with this?
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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It's all in the name - Strava = Swedish for "to strive".

See, there's the problem. Striving. To do better, to go faster.
We should all sit on couches eating bonbons, and nobody would ever get hurt or die.
And if it wasn't for this damn website, that's what we'd all do!

davearm, you're a personal injury attorney, right?
I'm just taking a wild shot in the dark (not literally, don't sue me!)


float , hammer , and jog

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Re: Family of Dead Cyclist Sues Strava... [WelshinPhilly] [ In reply to ]
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WelshinPhilly wrote:
What if a fitness-tracking app/site had similar language, and in the process of trying to beat a friend's posted time, a user suffered a heart attack or a stroke or some other medical catastrophe?
If you're asking for my opinion, I would say that would fall into the realm of assumed risk from training.

This person didn't die from overexertion. There's a difference.
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Re: Family of Dead Cyclist Sues Strava... [Goosedog] [ In reply to ]
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Flipping it around, what if there was an identical app with an identical premise for drivers of vehicles, and it was called Carva. What would folks say then?


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My tiny little slice of the internets: dcrainmaker.com
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Re: Family of Dead Cyclist Sues Strava... [Murphy'sLaw] [ In reply to ]
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I'm not any kind of attorney. Not that it's relevant.
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Re: Family of Dead Cyclist Sues Strava... [dcrainmaker] [ In reply to ]
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dcrainmaker wrote:
Flipping it around, what if there was an identical app with an identical premise for drivers of vehicles, and it was called Carva. What would folks say then?

Actually, I take back my quote in this instance. I thought this case was referring to the SF rider that killed a pedestrian last week. In that case, I think the example works well.

In this case, no, just tough luck.


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My tiny little slice of the internets: dcrainmaker.com
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Re: Family of Dead Cyclist Sues Strava... [Goosedog] [ In reply to ]
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Goosedog wrote:
davearm wrote:


You're certainly entitled to your opinion, but the whole point of Strava seems to be to encourage users to go beat that fastest time.


So, do you see a problem with this?
I see it exposing Strava to liability. That would be a problem if you're Strava. It's not a problem for me.
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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You forgot the quote from the website that says "Ride like an idiot and ignore the rules of the road." please find us that quote.

How does Danny Hart sit down with balls that big?
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Re: Family of Dead Cyclist Sues Strava... [dcrainmaker] [ In reply to ]
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dcrainmaker wrote:
Flipping it around, what if there was an identical app with an identical premise for drivers of vehicles, and it was called Carva. What would folks say then?

Flipping it around yet again, what if where was an identical app w/ an identical premise for internet pos(t)ers, and it was called Posta. How would anybody ever beat Jackmott for KOM's then? ;-)


float , hammer , and jog

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Re: Family of Dead Cyclist Sues Strava... [dcrainmaker] [ In reply to ]
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Obey the speed limit would be prominently posted on my web site if it were my web site! :) But, you make the point that everyone should obey the law at all times.

-Robert

"How wonderful it is that nobody need wait a single moment before starting to improve the world." ~Anne Frank
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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Do they say anything about following regular road rules/laws (asking you because you seem to know/quote their website, so curious if there is a disclaimer anywhere)?

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@brooksdoughtie
USAT-L2,Y&J; USAC-L2
http://www.aomultisport.com
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Re: Family of Dead Cyclist Sues Strava... [davearm] [ In reply to ]
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This rider was going over the speed limit. Was the 'record' set prior showing speed consistent with going over the speed limit? If yes, one may argue that illegal behavior is promoted (indirectly). What if the site was for car drivers? It would probably be shut down.
Last edited by: robot_ap: Jun 19, 12 11:08
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