I was riding with my IAM group past a sports club where the local team was playing cricket. Apparently ‘Big Tony’ nailed the ball for six, and unfortunately hit me square in the face of my open-faced lid. Unsurprisingly I wobbled off course and hit the back of a parked car.
Despite it sounding like something from a Carry-On Film (and I do have a sense of humour) I have broken my wrist, lost a front tooth, smashed up my bike and now have a claim against me for the trashed parked car. Is it possible to bring a claim?
To use a bad pun, you may not be ‘stumped’ in this situation (I hope that tickles your sense of humour). Potentially you can bring a claim against the local sports club if you can prove it failed to take reasonable care in the circumstances.
This would likely include the location of the playing field in relation to the road, the amount of vehicles using the road, the nature of the game(s) being played, how often games were played and what steps had been taken to protect people: i.e. a big fence.
If you can prove that a reasonable man would come to the conclusion that the risk of damage to people using the roads was not too small, your claim should be successful.
Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
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