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Who is liable?
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 2013-07-25 8:06 PM |
 18 |  Subject: Who is liable?I competed in a sprint triathlon last week and when i finished my run and went to transition my bike was gone. I feel someone should be held liable since this happened during the race and it is their job to provide a secure transition. I had a Specialized tri bike that was loaded and ready for my ironman next month. The race director won't even answer my calls and the USAT says they only cover catastrophic events and injuries. I finished in a little over an hour and went to get the bike because we were heading out for a long run. I'm just letting you know I didn't leave the bike there forever or anything. Has this happened to anyone else and if so how did you handle it? |
| 2013-07-25 8:11 PM in reply to: Buddy20 |
282  | Subject: RE: Who is liable? Wow, that sucks man. I'm very sorry to hear that. My instinct would be to say the race organizer is responsible, but I am not basing that on anything but common sense. |
| 2013-07-26 3:40 AM in reply to: Buddy20 |
| 9 | Subject: RE: Who is liable? In the races I have done (I'm still very new) I had to show my race number to get my bike back. They also looked at the frame and if there were markings of other numbers. I guess this is done so I can't go in and stick my racenumber to a P5 with lovely wheels and walk it out. Now I'd take a look at the race director. I'm not familiar with US law (German citizen) but that's what I would do here. If there is no answer to your calls, your lawyer might have a better chance. I personally don't like that route but as you stated, it's their job to provide a safe and secure transition and all the tris I raced in had security on site to prevent thefts. And by not answering your calls, the director kind of forces you to persue legal action. |
| 2013-07-26 3:52 AM in reply to: Buddy20 |
Extreme Veteran 929  , Kobenhavns Kommune | Subject: RE: Who is liable? Sorry to hear that. Contact your insurance company. They know this kind of things and it should be an issue between your home insurance company and the insurance company of the race organizer. If you have not shown neglect, which seems to be the case, your home insurance should cover. They might claim the money from the organizer's insurance company or the organizer if the organizer. At least that's how I think it aught to be ... |
| 2013-07-26 2:58 PM in reply to: Buddy20 |
| Subject: RE: Who is liable? If I was the RD, and I was 100% positive that I was not liable...I'd probably answer your phone call and give you the explanation as to why I'm not liable and why you should stop bothering me. There could be other reasons why he's not answering your calls...but that just stuck out to me. Anytime something important to you gets stolen, it sucks. I hope everything works out. |
| 2013-07-26 3:03 PM in reply to: Jason N |
Extreme Veteran 792 | Subject: RE: Who is liable? The RD is 100% liable. As soon as those numbers go on your bike and your body, you are their property. Nobody should be allowed to leave a transition area with equipment that is not theirs. I've got my pitchfork ready. |
| 2013-07-26 3:16 PM in reply to: lifejustice |
Expert 945 , Michigan | Subject: RE: Who is liable? RD is responsible IMO. I absolutely HATE it when transition areas aren't adequately manned and bikes checked. And to be honest, over half of the races I've done have shi**y transition security. Last race I did, when I got my bike, there was NONE. Probably 600 bikes still in transition with competitors, their family members, etc... walking all around checking the bikes out. Race before that the transition area was manned right up until the awards ceremony. Then they started taking the fencing down and disassembling the area completely. When I went and got my bike there were probably 150 bikes still racked. No one gave a second look when I walked over to the then lying on the ground fence, stepped over it, went and grabbed a bike ( mine of course) and mozied off to my car. Find a way to hold the RD responsible. Sue him if needed, or the race company. Maybe it will teach all the other RD's a lesson about protecting the hundreds of thousands of bikes in transition areas. 600 x $2000 is 1.2 million dollars. You'd think after safety, transition would be the second most important thing for RD's. |
| 2013-07-26 3:24 PM in reply to: lifejustice |
Champion 7036  Sarasota, FL | Subject: RE: Who is liable? Sorry about your loss. Best bet is to contact your homeowner's insurance carrier and file a stolen property report with the local law enforcement agency. Unless you can show the RD was obviously negligent, then don't think you're going to get very far with that. Mark
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| 2013-07-26 3:30 PM in reply to: Jason N |
Expert 1224 Is this Heaven? No, it's Iowa. | Subject: RE: Who is liable? Originally posted by Jason N If I was the RD, and I was 100% positive that I was not liable...I'd probably answer your phone call and give you the explanation as to why I'm not liable and why you should stop bothering me. There could be other reasons why he's not answering your calls...but that just stuck out to me. Anytime something important to you gets stolen, it sucks. I hope everything works out.
^^ Completely agree. He's dodging you for a reason. |
| 2013-07-26 3:40 PM in reply to: siouxcityhawk |
| Deep in the Heart of Texas | Subject: RE: Who is liable? That sucks. Do you have any way to get a copy of any releases, rules, race schedules regarding transition opening (on the race's website, registration page, etc.)? I would want to know of any potential arguments that the RD might make and be able to have a retort based upon the language in official race documents. Did you file a police report? I would make copious notes of the whole ordeal - the stated procedures for removing items from transition, where your bike was racked, when you returned to transition, who you spoke with about the missing bike, etc. You will likely have to explain this to the insurance company(ies). Good luck. |
| 2013-07-26 4:28 PM in reply to: RedCorvette |
| Member 163 | Subject: RE: Who is liable? Originally posted by RedCorvette Sorry about your loss. Best bet is to contact your homeowner's insurance carrier and file a stolen property report with the local law enforcement agency. Unless you can show the RD was obviously negligent, then don't think you're going to get very far with that. Mark
^^^ This. Your homeowners policy will likely cover the stolen bike (though between deductible and depreciation, you won't get back what you paid for it). They can also help you determine who is liable, as they will probably want to recover from that same party the money they paid you. |
| 2013-07-26 6:24 PM in reply to: RZ0 |
| 18 | Subject: RE: Who is liable? I have contacted my home owners and they will cover it somewhat but that's beside the point. I really didnt want to make a claim on my insurance and i have a deductable to pay. The rd still hasn't answered me and should have the decency to refund my race money, apologize, pay my deductable, or help me purchase a new bike or something like that. Anything would be nice. He has done nothing and it isn't as easy as telling me to stop bothering him I promise. My next step is a lawyer I guess. I have been very respectful to everyone this whole process and it isn't helping any. |
| 2013-07-26 6:38 PM in reply to: Buddy20 |
Champion 6046 New York, NY | Subject: RE: Who is liable? get a lawyer the RD should absolutely be held liable |
| 2013-07-26 7:12 PM in reply to: TriToy |
Expert 945 , Michigan | Subject: RE: Who is liable? Don't file a claim until you talk to a lawyer. Your insurance should be a last resort. |
| 2013-07-26 7:22 PM in reply to: #4814054 |
Member 1083 | Subject: RE: Who is liable? That stinks! |
| 2013-07-26 7:44 PM in reply to: Buddy20 |
Champion 7036 Sarasota, FL | Subject: RE: Who is liable? Originally posted by Buddy20 I have contacted my home owners and they will cover it somewhat but that's beside the point. I really didnt want to make a claim on my insurance and i have a deductable to pay. The rd still hasn't answered me and should have the decency to refund my race money, apologize, pay my deductable, or help me purchase a new bike or something like that. Anything would be nice. He has done nothing and it isn't as easy as telling me to stop bothering him I promise. My next step is a lawyer I guess. I have been very respectful to everyone this whole process and it isn't helping any. Do you have a copy of your original entry form? Check the fine print and see if there is a clause that releases the race organizers from any damages suffered as a result of participation in the event. If that's the case and the RD can show they had reasonable security measures in place, then you're going to waste a lot more money on a lawyer versus paying the deductable on your insurance policy. Not saying the situation doesn't suck for you, and not defending the RD for not getting back to you, but you're a lot better off letting the insurance company go after the RD if they think there are any grounds for a claim. Even then most settlements are "negotiated" and the last thing you should expect is a new bike showing up on your doorstep. Again, sorry for your loss, but stuff happens sometimes. Mark
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| 2013-07-26 8:17 PM in reply to: RedCorvette |
| 18 | Subject: RE: Who is liable? As I said I have an ironman next month so I had to file already. Trying to get a bike this weekend but I'm still going to bother him until he talks to me and then if it doesn't go we'll I'm gonna bash him on every site I can and on their Facebook page to let everyone know what type of operation he runs. Might not help much but I will feel better. |
| 2013-07-26 8:19 PM in reply to: RedCorvette |
| Subject: RE: Who is liable? Originally posted by RedCorvette Originally posted by Buddy20 I have contacted my home owners and they will cover it somewhat but that's beside the point. I really didnt want to make a claim on my insurance and i have a deductable to pay. The rd still hasn't answered me and should have the decency to refund my race money, apologize, pay my deductable, or help me purchase a new bike or something like that. Anything would be nice. He has done nothing and it isn't as easy as telling me to stop bothering him I promise. My next step is a lawyer I guess. I have been very respectful to everyone this whole process and it isn't helping any. Do you have a copy of your original entry form? Check the fine print and see if there is a clause that releases the race organizers from any damages suffered as a result of participation in the event. If that's the case and the RD can show they had reasonable security measures in place, then you're going to waste a lot more money on a lawyer versus paying the deductable on your insurance policy. Not saying the situation doesn't suck for you, and not defending the RD for not getting back to you, but you're a lot better off letting the insurance company go after the RD if they think there are any grounds for a claim. Even then most settlements are "negotiated" and the last thing you should expect is a new bike showing up on your doorstep. Again, sorry for your loss, but stuff happens sometimes. Mark
x2 Lawyers generally don't work for free, so you're either going to pay them out of pocket, or they're going to take part of the settlement assuming you win. Maybe if you were also going to sue for additional pain and suffering...then I'd consider a lawyer. |
| 2013-07-26 8:42 PM in reply to: Jason N |
Master 2500 Crab Cake City | Subject: RE: Who is liable? Wow man I am really sorry to hear this. I would bug the heck out of the RD until he answers. I am not sure if the RD is going to be held liable or not but I am curious as to how someone else was able to take your bike out of transition without showing the proper numbers, etc. I really hope it all works out for you, I really do. |
| 2013-07-26 9:19 PM in reply to: Buddy20 |
Champion 6973 marietta | Subject: RE: Who is liable? what race? |
| 2013-07-26 9:22 PM in reply to: Buddy20 |
Extreme Veteran 424 Urbana, MD | Subject: RE: Who is liable? Here's some wording from the annual USAT waiver (or one-day waiver) I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USAT, the Event Owners, Organizers and Promoters, Race Directors, other participants in the sanctioned event, Sponsors, Advertisers, Host Cities, United States Olympic Committee (USOC), Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and a liated companies, o cers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim. As much as the situation sucks, with a Lawyer I think you'll spend a lot of money to get nowhere. Claim with the homeowners insurance and see whether the RD will do anything to help. Doesn't sound like it though. Sorry. :-( |
| 2013-07-27 5:22 AM in reply to: #4814393 |
Member 1083 | Subject: RE: Who is liable? I agree that you should tell everyone you know what happened and where because the person who took your bike could/would/probably will repeat this at another race of his. Also, even if its not his responsibility he's being a db by not talking to you. Stuff happens- okay. But an upstanding person would share your outrage not pretend it didn't happen and hope it goes away. Good luck with your new bike. |
| 2013-07-27 9:17 AM in reply to: Buddy20 |
Member 37 | Subject: RE: Who is liable? You've possibly already done this, but you didn't state so I'll give you this feedback. Make sure to file a police report WITH THE SERIAL NUMBER on your bike. Pawn shops are obligated, (from what I understand here in Okla anyway), to send a report with serial numbers to the police and that helped in the recovery of my bike. I feel your pain and thought I was going to have to find a new hobby as I could not have afforded to replace my bike, (it wasn't stolen in the same fashion as yours, but stolen none the less), and I could not believe my luck to get it back. I know it probably doesn't comfort you much, but I'm glad you posted this as I know I will now take extra steps to ensure my bike doesn't walk out of transition, (maybe a quick lock to the pole), so, your post made me and probably a lot of others think as well. Thanx and good luck. |
| 2013-07-27 9:51 AM in reply to: Shaggy101 |
Master 3195 Just South of Boston | Subject: RE: Who is liable? Check your local Craigslist as well. Never know if will pop up there. RD is a d-bag about this it seems. Totally sucks and I'm sorry it happened. I'd also get the word out to the local tri community about the theft, and the lack of cooperation from the RD, etc. |
| 2013-07-27 11:42 AM in reply to: #4814520 |
| 35 | Subject: RE: Who is liable? I like that to participate in pretty much anything, you have to waive your right to action against negligence. Seems wrong. |
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