public liabilty claim ?

Lone Ranger | 16:51 Wed 13th Aug 2008 | Law

8 Answers

hi, i went to test ride a motorcycle in a second hand motorcycle shop. they let me test ride the motorcycle just outside the shop but within the compound/ industrial estate where the shop is situated. in the process of testing the bike, my finger got caught in between the bike wheels and the chain cut my finger tip right off. i was taken to the hospital to be told that my finger tip can't be sewn on. am now without a finger tip. there was a few scratches on one side of the bike panel/ fairing, and one mirror broken. the bike owner wants me to pay for the bike. can i sue him for my injuries or make public liabilty claim?

construction of boundary paling fence

Do i have to pay them back?

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Ethel

You can only sue if they were negligent. Was the bike faulty? If so, did that fault cause the incident?

Did they specifically tell you to do something that caused the incident?

Why were fingers between the bike wheel and the chain? Were you told to do that, or was there a problem you were trying to sort out that you could not stop and deal with?

Not only that, but was it reasonably foreseeable that by allowing you to ride that bike that this incident would occur?

In brief, if the accident was your fault, you pay for the damage to the bike.
If the accident was their fault, they pay for the damage to your finger - if it could have been foreseen and they did nothing to stop it happening.

Eve

How did your finger get caught in the wheels?

CheekyChops

C'mon, I'm dying to know as well, what were your fingers doing in the wheels when you were test riding?

stonekicker

after the stupidity of the last two posts, i think you deserve everything you get. you just can't help some people...

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Lone Ranger

Question Author

i am a learner test riding a high powered 600cc manual bike with no mot or tax. as i was riding inside the compound, i jump off the bike and kept my hands on the handle bars but i ended up revving the bike more and in order not to let the bike fly out off my hand i tried to control the bike by leaving one hand on the handle and trying to get hold of the seat with the other hand but the bike started to fall on oneside of it causing me to miss judge the seat and getting the tip off my finger choped off between the bike wheel chain. can i claim ?

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Ethel

Totally your own fault.

Pay for the damage.

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