Flying Corpse Sued for Negligence!

[Scott52]

In "The Australian" yesterday.

In the US even after you're dead you can still be sued!

In summary:

A Chicago man was running in pouring rain to catch his train. He ran across two tracks and was hit by a train passing the other way at about 112km/hr. He was killed instantly ... however a large "chunk" of his corpse traveled at high speed 30m through the air striking a woman on the platform. She sustained injuries including multiple fractures.

A Chicago Court ruled that engaging in the risky behavior by exposing himself to being struck by a train, he should have "reasonably foreseen" that if he was struck, his corpse or parts there of, could strike another commuter waiting on a platform. The court cleared the way for the woman to sue his estate. The Judge did concede that case law involving "flying corpses" was sparse.

As motorcyclists we are potential "flying corpses" and could be sued. If you make a mistake and hit something and your corpse keeps going and strikes a group of orphans walking along the footpath your estate may be exposed to claim.

[Irish]

Only in seppo's would stoop so low..

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[Desmo]

He was killed instantly ... however a large "chunk" of his corpse traveled at high speed 30m through the air striking a woman on the platform. She sustained injuries including multiple fractures.

That would scar you forever.

[Chewie]

That guy is gonna get such a roasting from his wife.

[BenG]

Only in seppo's would stoop so low..

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What, you don't think that when your negligence causes someone's injuries you should be made to pay for their medical expenses?

This isn't exactly a new thing, suing the estate of someone who has passed away is a regular occurrence...

I can't see that this is unreasonable.

[Mo-Fo]

If his penis had flown into her face could she sue for sexual harrasment?

[Scott52]

I struggle to see how you can reasonably foresee something as dramatic as a chunk of your corpse knocking someone down and causing injuries. It's easy in hindsight and anything is possible.

If a fella is riding his motorcycle above the limit and he makes a mistake and T bones a low riding sports car what should he foresee? Should he be thinking ... "I'm going a little too fast at the moment ... if I was to T bone that Mazda MX5 coming from my right I will probably die but my corpse may fly through the air and strike that bunch of young kids on the footpath on the other side of the road. My corpse or part thereof may actually seriously injure/maim or kill one or more of those young kids".

[shan]

I think about this all the time, next to escape routs.Next is , where to project my body.FFS , think of the potensial kiddies you may hit with various parts of your body.This is also why I dont were lethers, my body will break up into smaller pices, thus carrying less inertia or less mass flying at twice the speed of death potensialy into puppys even.It worrys me to no end,

[Scott52]

I think about this all the time, next to escape routs.Next is , where to project my body.FFS , think of the potensial kiddies you may hit with various parts of your body.This is also why I dont were lethers, my body will break up into smaller pices, thus carrying less inertia or less mass flying at twice the speed of death potensialy into puppys even.It worrys me to no end,

I think you're onto something. We need something on the bike that breaks our corpses into very small pieces should we run into something.

So instead of killing or maiming someone we just cause them some inconvenience with a dry cleaning bill to remove all the small pea size pieces of flesh and bone.

Instead of these new air bag leather suits to protect the rider the suit needs to actully explode to destroy the rider and thus render his corpse harmless to anyone nearby.

[tonka128]

We need something on the bike that breaks our corpses into very small pieces should we run into something.

.

Thats what the roadside cheasecutter fencings for (wire rope stuff) - slice you up into managable pieces...

[rharris]

Might have to rethink the old saying about money , you cant take it with you

[BenG]

I struggle to see how you can reasonably foresee something as dramatic as a chunk of your corpse knocking someone down and causing injuries. It's easy in hindsight and anything is possible.

If a fella is riding his motorcycle above the limit and he makes a mistake and T bones a low riding sports car what should he foresee? Should he be thinking ... "I'm going a little too fast at the moment ... if I was to T bone that Mazda MX5 coming from my right I will probably die but my corpse may fly through the air and strike that bunch of young kids on the footpath on the other side of the road. My corpse or part thereof may actually seriously injure/maim or kill one or more of those young kids".

Are you saying its not reasonably foreseeable that if you get hit by a fast moving train that you, or bits of you, will be flung into the air? And in a public place like a train station that they hit someone? That's not reasonably foreseeable?

[Scott52]

Are you saying its not reasonably foreseeable that if you get hit by a fast moving train that you, or bits of you, will be flung into the air? And in a public place like a train station that they hit someone? That's not reasonably foreseeable?

I must say I've never crossed railway tracks with that thought in my head ... either in my car, on a bike or on foot. It wasn't until I read the article in the newspaper that I considered my corpse or chunks of it could be a dangerous projectile/s.

[BenG]

I must say I've never crossed railway tracks with that thought in my head ... either in my car, on a bike or on foot. It wasn't until I read the article in the newspaper that I considered my corpse or chunks of it could be a dangerous projectile/s.

But I assume you've never crossed in front of a moving train either?

[Scott52]

I guess every time we set foot outside we face risk in whatever we do. Life is an exercise in risk management. Sometimes bizzare things can happen that would be difficult to foresee ... even someone with the most vivid imagination and experience. What I take from the the flying corpse case is that if you make a mistake or an error of judgement, then no matter how strange the outcome you're at risk of being sued if the victim gets a clever lawyer.

Many years ago I was told the story of the poor fellow who became a quadraplegic. He got out of bed and was putting on his jocks when his foot got tangled and he fell head first into the the corner of the wall/floor and broke his neck. I bet he didn't foresee that outcome.

On Christmas Day 2009, the same day my son died, I read of a 54 year old English man who took some flowers to his mothers grave and slipped on some ice and fell bashing his head on his Mums tombstone and was killed instantly.

Both these cases could have hurt someone else nearby.

[quattro750]

hey scott if we continue this vein you should have put that cargo barrier on the front of your bike.

oh and that's it I'm not wearing jocks any more!

q

[Scott52]

hey scott if we continue this vein you should have put that cargo barrier on the front of your bike.

oh and that's it I'm not wearing jocks any more!

q

With the case of the poor man who slipped on the ice and hit his head on his Mums tombstone ... say there was an old lady standing at the grave next his Mums. The man slips, falls and is killed instantly by the blow to his head from the tombstone ... his corpse then knocks the old lady to the ground and she breaks her hip. A broken hip for an old lady is very serious. As the Mythbusters would say "Plausible" scenario.

Her family gets a lawyer and is looking for compensation. The smart lawyer is going to say ... "Your honour ... the deceased should have reasonably foreseen that he could slip on ice, sustain a fatal head injury and his lifeless corpse could subsequently injure my client standing at the plot next to his Mother's ... in fact he undertook no risk mitigation strategy beforehand such as wearing titanium spiked boots to increase his grip level on ground that may have been icy due to the time of year he was visiting his Mothers grave ... I rest my case

As for no jocks ... I think you should take the risk and wear them ... perhaps put your helmet on first before you dress.

[filbert]

jocks are incredibly dangerous people should be required to undertake a job hazard analysis before putting them on, what if he had stumbled forward and instead of hitting his head had tumbled out of his open 4th floor window and fallen to his death on a young mother pushing her child in a pram on the footpath below?

[Scott52]

jocks are incredibly dangerous people should be required to undertake a job hazard analysis before putting them on, what if he had stumbled forward and instead of hitting his head had tumbled out of his open 4th floor window and fallen to his death on a young mother pushing her child in a pram on the footpath below?

You've got the gist of the argument ... according to the Chicago example the young mum in the pram can sue because the fella putting the jocks on should have reasonably foreseen himself plummeting from the 4th floor window if he happened to get his left foot tangled in his jocks. Body count is three in this scenario.

[BenG]

Slipping over or getting tangled in your jocks don't really meet the test for negligence... There would be no breach of duty of care, and most likely no duty of care to begin with...