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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7013
Experience:  Solicitor
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I have a question: I organise cycling events and a cyclist

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Hello, I have a question:
I organise cycling events and a cyclist fell off his bike at my most recent event. This was at the finishline when he was being given a medal by one of the event workers. He sustained some injuries and the bike needs attention. All participants of my event sign a disclaimer about "riding at their own risk and not attaching any liability to any official of the event for any injury howsoever caused". This disclaimer would appear to protect me from any claim he might make for injuries and bike repair - but I'd like to get a proper legal view on this. Additionally I would want to offer him some compensation as a good will gesture, but want advice about how this might be interpreted/be viewed as an admission of liability?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Was anyone negligent in any way?

Customer: replied 2 days ago.
Here is the description of the incident from the participant: "As I was coming in to the finish where the metal railings were, the lady there put out the medals. As I was about to take it, she moved it away quickly as she had two in her hand by mistake.This made me wobble, lose my balance and I went over in to the metal railings."

Ok, so it sounds like his own fault.

Your disclaimer is ok. But you can never exclude personal injury through negligence.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 days ago.
whilst my event worker may have played a small part in the accident, her actions were not negligent - is that the way to describe this?

Correct, does that assist?

Customer: replied 2 days ago.
great. I will contact the participant to explain. If I then offer him some recompence for the accident how should I go about that to avoid appearing to accept unlimited liability?

You just say without prejudice and without admission of liability.

Does that help?

Customer: replied 2 days ago.
Super-duper lovely. One last thing, just exploring the definition of negligence - if we'd set up the medal giving area in an obviously dangerous location or with other hazardous things nearby - that would be a negligent situation? If we set it up in a "proper" location, free from additional hazards and with a medal giving process that is reasonable and expected then that is NOT negligent. And this would go for all other set ups and situations on the event - so long as we've taken reasonable steps to ensure safety we likely to be non-negligent?
Customer: replied 2 days ago.
Sorry if that all seems obvious, I'm just trying to see how accidents and problems can happen and be covered by my disclaimer.

Yes you can set up a seperate area. It’s all about risk and whether it is reasonably foreseeable

Does that clarify?

Customer: replied 2 days ago.
Brilliant, I think that does it. Thank you. I'll go on to the rating and payment release now.

Great thanks.

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