Strava sued over cyclist death

[hughmoore]

There are a slew of issues associated with your question. And they play out differently for the Strava users and their victims.

Where should the case be heard? That's the first question. I'd bet Strava only lets people use its site if they agree that the case will be heard in its home state (I assume CA). That kind of contract provision usually gets upheld.

Then there's the choice of laws question. I expect Strava only lets people use its site if they agree that the relationship will be governed by CA law. I expect that kind of contract provision gets upheld too.

For users and dead users' families, my guess is that they're stuck with CA courts and law because the user agreed to it. Victims may be able to drag Strava to their State's court (if their long arm statute reaches far enough and the Constitution permits. Choice of law for the victims depends on an analysis I've forgotten and that differs from state to state.

Binding precedent can only get created if the case gets appealed and published. That precedent will only have binding effect in the State where it was rendered. That precedent only applies to the "law" and not the "facts" (and things can get blurry).

A judgment against Strava is binding everywhere for the other side and can be used by any other opponent to prove the prior bad behavior (if it is relevant).

If Strava loses because of bad facts, it may be stuck with those bad facts everywhere (collateral estoppel/issue preclusion). This is fact-specific. The basic idea is that Strava shouldn't be able to retry factual issues that were already decided against them. (Like a factual determination that they made a considered corporate decision to try to recreate Death Race 3000 with their site).

Once Strava gets CA sorted out, it will know what to expect from its user opponents. Victim opponents may keep on coming at them from different states, creating uncertainty.

That's what Google tells me, anyway.

Strava is worried about litigation expense, that's for sure. If their carrier has to pay, their rates go up. They aren't that rich, I'd bet.

Not sure I'd mind a judgment against Strava on behalf of the non-user victim. That person didn't ask for the Strava-encouraged jerk to kill him in the crosswalk.

Has the Guinness Book of Records mob every been sued? Surely they would be more at fault than Strava, given what people do to get in?


Hugh

 

[Giuseppe Magnetico]

Parent sues band for death of a child because they believe the lyrics of the bands the child was listening to provoked a suicide. Sound familiar? This Strava case has heaping pile of stinky BS attached to it just like the previous case(s).

 

[BroDeal]

Wait until the Strava is sued for the pedestrian killed in San Francisco by the rider trying to win the KOM for the segment that used to be known as the "Castro Street Bomb."

 

[rickshaw]

Wait until the Strava is sued for the pedestrian killed in San Francisco by the rider trying to win the KOM for the segment that used to be known as the "Castro Street Bomb."

Maybe co-defendant in a manslaughter case would be more appropriate. The cyclist perp definitely deserves jail time, also civil judgment for serious $$ penalty. These people have to take personal responsibility for their acts.

 

[Zweistein]

How many of you would use these same arguments if Strava promoted best car travel times between cities knowing full well the laws have to be broken to compete?

I question the suit but have no doubt that more idiots are being more idiotic because of Strava. The problem I have is that they are putting their own and other people's heath at risk.

 

[Boeing]

How many of you would use these same arguments if Strava promoted best car travel times between cities knowing full well the laws have to be broken to compete?

I question the suit but have no doubt that more idiots are being more idiotic because of Strava. The problem I have is that they are putting their own and other people's heath at risk.

quote so you dont have a chance to edit

knowing full well? hmmmm

 

[Boeing]

Parent sues band for death of a child because they believe the lyrics of the bands the child was listening to provoked a suicide. Sound familiar? This Strava case has heaping pile of stinky BS attached to it just like the previous case(s).

dig deep and show your work here before i give you the nickname Pile High

 

[Zweistein]

quote so you dont have a chance to edit

knowing full well? hmmmm

There I quoted you and your crappy grammar. Happy?

My hypothetical isn't a bad comparison since many on this board have stated that they don't like riding with people while they use Strada because they ride recklessly.

 

[barn yard]

many on this board have stated that they don't like riding with people while they use Strada because they ride recklessly.

add me to that list

if you want to race, race in a sanctioned race

 

[Zweistein]

It is hilarious how threads like this are magically buried. I had to search for this thread because it wouldn't show up in the general anymore. What is the motivation of this, Mods?

 

[ElChingon]

Proved the driving around in the car with Strava on sets personal records if not all time records, surprisingly on some sections I was only a second faster than 2nd place. Yea, they're all out riding at car speeds I thought for sure I'd be way over the limit but a second... anyway some people believe anything

 

[Nocontest]

From what I have seen, the death of your child is one of the most painful things to endure. I understand, and maybe do not agree with their action at the same time.

Any competition encourages maximum effort, in this case speed. In this case it would be important to know if the STRAVA web site instructs users that they MUST obey the posted speed limits. If not, I could see negligence.

OMG,only in America! How could the cyclist be expected to know that he wasn't supposed to speed without the manufacturer of his bike computer telling him!

While I feel for the parents their anger should be levelled at the cyclist not the damn GPS manufacturer.

 

[Rockets160]

Coming in late here but I was once told in a briefing about safety: "don't eat the toner" What does this have to do in this situation? Well, people are going to do whatever they want to do regardless if there is a warning on the "label" or not. If anyone here really believes that the behavior exhibited by these individuals was not being performed before Strava, please say so now. I do NOT condone running stop signs or lights, or exceeding a safe speed either going uphill or downhill. I also do not believe Strava intended for laws to be broken in order to set a record. I for one, use the segments for the uphill portions. I'd rather see how fast (slow?) I am up that 10% 1 km climb. My reward for not having a heart attack going up...is going down. That someone could lose there life in a collision with a cyclist is terrible. But that does not mean we should all have to ride on a closed course.

 

[Boeing]

It is hilarious how threads like this are magically buried. I had to search for this thread because it wouldn't show up in the general anymore. What is the motivation of this, Mods?

they do that to all my threads

 

[Ripper]

Sorry, only Idiots ride like Idiots. No website, gadget, technology can ever take the blame for them, ever. I can hear it now, I jot down a list of people I know with their times on a fast section of road then leave it on a bulletin board and someone can sue me for some idiot who reads it and now wants to topple those times... man ...

This is true. Unfortunately, many of them gravitate towards any silliness to prove themselves. Some show up in races (don't follow that wheel). And some seem to love this Strava wackiness.

The lawsuit is BS. Especially that someone decided of their own free will to ride well beyond reason and beyond their skill level. But you had to figure at some time it would happen.

 

[MarkvW]

This is true. Unfortunately, many of them gravitate towards any silliness to prove themselves. Some show up in races (don't follow that wheel). And some seem to love this Strava wackiness.

The lawsuit is BS. Especially that someone decided of their own free will to ride well beyond reason and beyond their skill level. But you had to figure at some time it would happen.

I agree with you. The family of the deceased bike rider deserves nothing from Strava.

But I'm not so sure about the innocent victims of Strava-encouraged idiots. If I egg an idiot on to do something stupid, and the idiot then hurts somebody, then I reckon I should bear some responsibility (not all) for the resulting harm.

 

[Boeing]

Mark; I am so disappointed you didnt take the "free-will" statement and run with it. (what r u a Poli-sci undergrad ) how do you miss the pinata?

Now as for your word choice "deserves nothing"??? they deserve to be heard.