For Safety's Sake.....

[EricV]

Have you discussed this with your lawyers... or as a small shop, do you even have lawyers / a lawyer? How about your insurance company?

The thing about disclaimers, and even signed liability waivers, is that they won't insulate you from a lawsuit. As noted above, anyone can sue for anything. In fact, specifying that you are aware of the potential for a crash and are still selling the product might even be viewed as a disregard for the safety of your customers, which could potentially result in larger damages if you ever are sued successfully.

Actually, I do have a lawyer and they did look at it. But that is moot, as you pointed out, even a signed, notarized liability waiver would not insulate me from being named in a lawsuit. As you likely know, the web is thrown far and wide in lawsuits, naming everyone possible in the hopes of getting the highest settlement possible. The warning is not intended to be a liability waiver in a true legal sense, but rather to bring the issue into awareness so that the purchaser is hopefully able to use appropriate caution after installing the product and avoid problems. They could still claim to not have been warned. After all, I can't force them to read the warning. Some folks don't read directions either, then complain how difficult it was to install or assemble something. :

The simple truth here is that prior to Mike5000 posting about his crash, I was not aware of this potential. Certainly not in the manner and to the degree it occurred. I was aware that my ground clearance was reduced, but not that the bash frame would touch down so quickly after the peg feeler or center stand. I simply don't ride to that level on the street.

My hope is that future people considering and purchasing the Rumbux crash bars will be aware of the potential for the bash frame touching down very shortly after the peg feeler or center stand. I would suspect that if a rider never drags the center stand or peg feeler and they are considering the purchase of a Rumbux crash bar, the warning is somewhat moot. It won't matter to them, for their riding style.

OTOH, I just spoke to a potential customer yesterday that does grind pegs, has a super motard and is very comfortable at high lean angles both on the track and off. After speaking with him about this issue, he was justifiably concerned about ground clearance on his new Super Ten, with any accessory skid plate he may choose. We had a frank discussion about the different products out there and his intended use of the Super Tenere and what might best suit his needs. As a result of that he's not buying a 2-Part or 3-Part kit and may not buy any Rumbux products. I'm ok with that. I honestly feel that the risk of this type of crash is very minimal for 90%+ of Super Tenere owners. But it's still a risk, and people should be aware of it. That's what my warning letter is about. Not a serious legal effort to minimize my risk of litigation, because even a letter signed by the buyer in blood and witnessed by a Judge would still be subject to another judge or jury's interpretation if it came to court. I can only hope that the people that buy the products I sell will tend to the side of taking personal responsibility for their actions and use appropriate caution. Inevitable is not a word I believe is appropriate here. I don't have deep pockets and this is not a big money maker for me. A lawsuit against me and my company would simply end my business. Not very productive for the person suing me. You can't get blood out of a stone. I'd go broke in the first 10 seconds of consultation, before it even became litigation.

 

[creggur]

I'll say it again, these threads would be much more productive if we would all just agree, up front, that Dallara is always right. At least then we wouldn't have to sift through endless paragraphs of $10.00 words that he thinks make him appear smarter than the "riff-raff" he's posting amongst...

"Dallara knows all!"

There, I said it - can the rest of us have a conversation now?

 

[Dallara]

Oh yes it is certainly the bike's fault. Ugh.

Oh, yes, let's not adjust one's riding style to the conditions presented. Oh, no, we wouldn't want to do that.

Oh, no, we certainly wouldn't want to look "silly" by adjusting our body positioning. After all, it's looks that count while riding......oh wait, he fell off his bike. Now that's silly.

Yo, Indy car, it's the rider's fault plain and simple. I don't care if we are talking rookie, pro, Alonso, Bourdais, Vettel, Massa, Mansell, Kyle Busch, or Will Power. The solo crashing of a motorcycle is the fault of the rider.

If the same rider attributes it all to his stubbornness to adapt, adjust, or realize he is riding a bike outside of its design envelope then invariably he'll do it again. Lets just hope a rider isn't coming the opposite direction next time. We'll see how smug he is about his silly appearance then. Maybe we'll see how you spin his prowess as well.

You two married?

Yo, Pyro Pal...

I don't recall anybody here saying it was anybody but the rider's fault. Well, except for those saying it was RumBux's fault for making a large, off-road skid plate, or blaming Yamaha for having a peg feeler the stock bike doesn't need. I certainly never said it wasn't the rider's fault, nor did the rider himself, Mikef5000, say it was anyone's fault but his own. I'm sure we can all concede that most crashes can, in the end, be labeled the rider's fault.

The point is, Dr. Phil, is that there really is no possible way for you to know better than Mikef5000 does what caused the crash, nor know better than he what could have been done to avoid it... Anymore than you can tell us what caused Marc Marquez to crash in practice at COTA, or so many other MotoGP riders to crash at Jerez, better than they can. They certainly hang off the inside enough, right? Was it their line selection? Were they into the corners too hot? Perhaps, but other riders just as quick made it through the same corners... Some blamed it on the tires, but in the end the crashes were still the riders' fault. But even though it was their fault *YOU* can't tell us definitively why they fell, anymore than you can definitively tell us why Mike fell... And there is certainly enough photographic, and even video, evidence for you to look at.
Of course, maybe you're a better rider than they are, and can give Marquez, Crutchlow, etc., etc. some of your advice on proper cornering technique... ::017::

Like it or not, in this case Mikef5000 knows far better than you, me, or anyone else on this web forum, what happened there, and what might have been done to prevent it.

Dallara



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[snakebitten]

Dallara,

My friend, I just want you to know I have a HUGE advantage meeting and getting to know you personally.
(Just as Karson does after meeting WFOPete)

You have mastered disguising your persona in the virtual world. And it is hilarious to watch. You are one ornery fella. 8)

By the way, you should have had the Chili. It was fantastic.

 

[Dallara]

Dallara,

My friend, I just want you to know I have a HUGE advantage meeting and getting to know you personally.
(Just as Karson does after meeting WFOPete)

You have mastered disguising your persona in the virtual world. And it is hilarious to watch. You are one ornery fella. 8)

By the way, you should have had the Chili. It was fantastic.

The burger I had was good, but your chili looked a lot better! Like I said there at lunch, "I think Snake out-ordered us!" ::012::

Cool place Ed picked, eh? Of course, New Braunfels is a pretty neat place all around, and so is Ed's shop!

It was a pleasure meeting you in person! ::008::

Dallara



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