Jump to content
SAU Community

Recommended Posts

  • 3 weeks later...

Hi everyone

]

Well if you organised a run and got everyone to sign a disclaimer then you are liable for any injury or death caused by an accident.

Under the current leglislation it would fall under "Duty of Care".

You see , you knew some one could get injured or killed on the run thats why you made them sign the disclaimer so you could have prevented it by cancelling the event, you would be held resposible for the injury or death, you are the organiser. You contributed to the injury or death by running the event and putting people in the position to be injured.

You see they could be out driving themself around getting killed on our roads and thats OK, you have gathered them on a run and organised them into a situation and possibly orchestrated their fate.

Now I'm starting to get confused !!!!!!.

this is the world we live in, be careful !!!!

And try and have a nice day.

Originally posted by MR-GTR

Hi everyone

]

Well if you organised a run and got everyone to sign a disclaimer then you are liable for any injury or death caused by an accident.

Under the current leglislation it would fall under "Duty of Care".

You see , you knew some one could get injured or killed on the run thats why you made them sign the disclaimer so you could have prevented it by cancelling the event, you would be held resposible for the injury or death, you are the organiser. You contributed to the injury or death by running the event and putting people in the position to be injured.  

You see they could be out driving themself around getting killed on our roads and thats OK, you have gathered them on a run and organised them into a situation and possibly orchestrated their  fate.

Now I'm starting to get confused !!!!!!.

this is the world we live in, be careful !!!!

And try and have a nice day.

That is too broad, there are things such as the 'but for' test, which attempts to find as well as limit liability simultaneously.

ie: but for the cruise being held, would the incident have occurred? or is it but for the actions of the party at fault in an accident, would the harm have been caused? it would be the latter, duty of care revolves around whether the person organising the cruise was put in a position where there was a special relationship with the person suffered harm, quite arguble as in 'how was this duty different from other road incidents under the same circumstances, albeit organised?' was the actions of the tortfeasor (person at fault) were such where the harm suffered to the plaintiff was that reasonbly expected?

the only way this would come to be fully understood would be in each individual writ/civil case. disclaimers do not waive complete liability especially where there is negligence or other fault elements in failing to provide an adequate duty of care.

there is never an true and clear cut answer.

what your saying is very true, but in some cases it does come down to the person(judge) presiding over the individual case, here on the gold coast a person left a hotel bar intoxicated on foot, crossed a road 80 mtrs away and was hit by a car, the plaintiff sued the hotel and the bar tender for "Duty of Care". was awarded $1,600,000aus .

Basically the staff should have known there was a chance he would be hit by a car as he was drunk when he left the hotel. it was deemed their fault he drunk so much and got drunk and got run over.

beets me !!!

Do you know of any crazy outcomes.

Regards

Steve

Another one I loved, from a soccer club around the corner.

Lady gets drunk, staff stop serving her and offer to get her a cab home. She refuses, screaming/yelling, gets escorted out. Then opens the bottle she had bough earlier from the bottle shop, gets even drunker.

Walks onto road out front, gets hit by cab.

Sues club for not giving "duty of care". Wins.

Everything is someone else's fault these days

Hmm Since we are not a club as such but just a group of people who contact each other over the web then we are not a collective so to speak, so who are they gunna sue? Not the cruise organiser as he is not responsible for the person driving (or trying to drive) nor the other vehicle that may be at fault.

Honestly who could be held responsible for the fact that someone else caused there own death due to their stupidity.

The reason cigrette companies were sued was that there product could only have been satistically correllated to the death of smokers. Silly ......but true.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Latest Posts

    • There's plenty of OEM steering arms that are bolted on. Not in the same fashion/orientation as that one, to be sure, but still. Examples of what I'm thinking of would use holes like the ones that have the downward facing studs on the GTR uprights (down the bottom end, under the driveshaft opening, near the lower balljoint) and bolt a steering arm on using only 2 bolts that would be somewhat similarly in shear as these you're complainig about. I reckon old Holdens did that, and I've never seen a broken one of those.
    • Let's be honest, most of the people designing parts like the above, aren't engineers. Sometimes they come from disciplines that gives them more qualitative feel for design than quantitive, however, plenty of them have just picked up a license to Fusion and started making things. And that's the honest part about the majority of these guys making parts like that, they don't have huge R&D teams and heaps of time or experience working out the numbers on it. Shit, most smaller teams that do have real engineers still roll with "yeah, it should be okay, and does the job, let's make them and just see"...   The smaller guys like KiwiCNC, aren't the likes of Bosch etc with proper engineering procedures, and oversights, and sign off. As such, it's why they can produce a product to market a lot quicker, but it always comes back to, question it all.   I'm still not a fan of that bolt on piece. Why not just machine it all in one go? With the right design it's possible. The only reason I can see is if they want different heights/length for the tie rod to bolt to. And if they have the cncs themselves,they can easily offer that exact feature, and just machine it all in one go. 
    • The roof is wrapped
    • This is how I last did this when I had a master cylinder fail and introduce air. Bleed before first stage, go oh shit through first stage, bleed at end of first stage, go oh shit through second stage, bleed at end of second stage, go oh shit through third stage, bleed at end of third stage, go oh shit through fourth stage, bleed at lunch, go oh shit through fifth stage, bleed at end of fifth stage, go oh shit through sixth stage....you get the idea. It did come good in the end. My Topdon scan tool can bleed the HY51 and V37, but it doesn't have a consult connector and I don't have an R34 to check that on. I think finding a tool in an Australian workshop other than Nissan that can bleed an R34 will be like rocking horse poo. No way will a generic ODB tool do it.
    • Hmm. Perhaps not the same engineers. The OE Nissan engineers did not forsee a future with spacers pushing the tie rod force application further away from the steering arm and creating that torque. The failures are happening since the advent of those things, and some 30 years after they designed the uprights. So latent casting deficiencies, 30+ yrs of wear and tear, + unexpected usage could quite easily = unforeseen failure. Meanwhile, the engineers who are designing the billet CNC or fabricated uprights are also designing, for the same parts makers, the correction tie rod ends. And they are designing and building these with motorsport (or, at the very least, the meth addled antics of drifters) in mind. So I would hope (in fact, I would expect) that their design work included the offset of that steering force. Doesn't mean that it is not totally valid to ask the question of them, before committing $$.
×
×
  • Create New...