• Rental e-bicycle lawsuit

    From AMuzi@21:1/5 to All on Sun Nov 17 15:31:11 2024
    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details: https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports: https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.


    --
    Andrew Muzi
    am@yellowjersey.org
    Open every day since 1 April, 1971

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff Liebermann@21:1/5 to frkrygow@sbcglobal.net on Sun Nov 17 19:09:08 2024
    On Sun, 17 Nov 2024 20:36:12 -0500, Frank Krygowski
    <frkrygow@sbcglobal.net> wrote:

    And $15 million for a broken jaw? Really? That's a very optimistic lawyer.

    Hint: USA lawsuits are different from UK lawsuits. In the USA, both
    parties pay their own legal bills. In UK, the loser pays for both
    parties legal bills: <https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees)>
    "The English rule provides that the party that loses in court pays the
    other party's legal costs. The English rule contrasts with the
    American rule, under which each party is generally responsible for
    paying its own attorney fees..."

    The lawyer can theoretically lose money if he fails to convince the
    court or jury. I have no clue what happens if an attorney defaults on
    paying the defendants legal fees.

    I'm not sure what this means:
    "The rationale for the English rule is that a litigant (whether
    bringing a claim or defending a claim) is entitled to legal
    representation and, if successful, should not be left out of pocket by
    reason of their own legal fees. It should be borne in mind that, in
    virtually all English civil litigation, damages are merely
    compensatory."

    Also:
    "The English rule is followed by nearly every Western democracy other
    than the United States."
    In my never humble opinion, I believe that this should be changed in
    the USA to follow the English rule.

    More:
    <https://en.wikipedia.org/wiki/Costs_in_English_law>


    --
    Jeff Liebermann jeffl@cruzio.com
    PO Box 272 http://www.LearnByDestroying.com
    Ben Lomond CA 95005-0272
    Skype: JeffLiebermann AE6KS 831-336-2558

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Merriman@21:1/5 to AMuzi on Mon Nov 18 08:53:30 2024
    AMuzi <am@yellowjersey.org> wrote:
    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details: https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports: https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.


    Yup even if just the rear brake would be able to stop, the london Boris
    bikes have fairly woeful cable drum brakes or did at least!

    But not dangerous just a bit crap!

    Roger Merriman

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Merriman@21:1/5 to AMuzi on Mon Nov 18 09:08:27 2024
    AMuzi <am@yellowjersey.org> wrote:
    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details: https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports: https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.


    Just noticed they have GPS which seems not a bad idea for tracking errant
    bikes and so on, not so much the docked hire bikes, but the dockless ones around london do end up in rivers and so on, plus are frequently left in somewhat selfish locations, car parking is in London at least rather more regulated ie park on the pavement at your peril!

    Ie a heavy E bike is remarkably heavy and awkward to shift out of your way,
    and are often left near bus stops etc, that being the most accessible
    option the probability of someone who can’t move it is higher etc.

    Roger Merriman

    --- SoupGate-Win32 v1.05
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  • From zen cycle@21:1/5 to Jeff Liebermann on Mon Nov 18 06:12:26 2024
    On 11/17/2024 10:09 PM, Jeff Liebermann wrote:
    On Sun, 17 Nov 2024 20:36:12 -0500, Frank Krygowski
    <frkrygow@sbcglobal.net> wrote:

    And $15 million for a broken jaw? Really? That's a very optimistic lawyer.

    Hint: USA lawsuits are different from UK lawsuits.

    What does the UK have to do with it? This happened in NYC.

    In the USA, both
    parties pay their own legal bills. In UK, the loser pays for both
    parties legal bills: <https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees)>
    "The English rule provides that the party that loses in court pays the
    other party's legal costs. The English rule contrasts with the
    American rule, under which each party is generally responsible for
    paying its own attorney fees..."

    In the US they normally include court costs and lawyers fees as line
    items in the suit. If they don't, it's a sloppy attorney.


    The lawyer can theoretically lose money if he fails to convince the
    court or jury. I have no clue what happens if an attorney defaults on
    paying the defendants legal fees.

    I'm not sure what this means:
    "The rationale for the English rule is that a litigant (whether
    bringing a claim or defending a claim) is entitled to legal
    representation and, if successful, should not be left out of pocket by
    reason of their own legal fees. It should be borne in mind that, in
    virtually all English civil litigation, damages are merely
    compensatory."

    Also:
    "The English rule is followed by nearly every Western democracy other
    than the United States."
    In my never humble opinion, I believe that this should be changed in
    the USA to follow the English rule.

    More:
    <https://en.wikipedia.org/wiki/Costs_in_English_law>



    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Wolfgang Strobl@21:1/5 to All on Mon Nov 18 12:34:24 2024
    Am Sun, 17 Nov 2024 15:31:11 -0600 schrieb AMuzi <am@yellowjersey.org>:

    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details: >https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports: >https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.

    On a steep descent, failure of the front brake might be enough to cause
    an accident. An inexperienced rider who only uses the rear brake could
    do the same. I wouldn't read too much into "the brakes failed"
    (plural). This is unnecessarily vague. Perhaps intentionally?

    | On the return trip about a half-hour later, Akera tried to
    | slow down the steep stretch of Eastern Parkway as it
    | approaches Nostrand Ave, and when the brakes failed, she
    | tried to use her feet, according to the Brooklyn Federal
    | Court filing.

    In any case, it confirms my prejudice that many people can't really cope
    with the demands of powerful engines in vehicles they think are
    bicycles.


    --
    Thank you for observing all safety precautions

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff Liebermann@21:1/5 to funkmasterxx@hotmail.com on Mon Nov 18 09:53:29 2024
    On Mon, 18 Nov 2024 06:12:26 -0500, zen cycle
    <funkmasterxx@hotmail.com> wrote:

    On 11/17/2024 10:09 PM, Jeff Liebermann wrote:
    On Sun, 17 Nov 2024 20:36:12 -0500, Frank Krygowski
    <frkrygow@sbcglobal.net> wrote:

    And $15 million for a broken jaw? Really? That's a very optimistic lawyer. >>
    Hint: USA lawsuits are different from UK lawsuits.

    What does the UK have to do with it? This happened in NYC.

    Oops. I have no clue why I thought the lawsuit was in England. When
    I screw up this badly, it's usually the result of me reading something
    related just prior to posting. I was reading something about Brexit,
    but that was 2 days ago and there were no lawsuits involved. I'll try
    to clean up my act, but I don't know how to prevent such things. Give
    up drinking lemonade?

    In the USA, both
    parties pay their own legal bills. In UK, the loser pays for both
    parties legal bills:
    <https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees)>
    "The English rule provides that the party that loses in court pays the
    other party's legal costs. The English rule contrasts with the
    American rule, under which each party is generally responsible for
    paying its own attorney fees..."

    In the US they normally include court costs and lawyers fees as line
    items in the suit. If they don't, it's a sloppy attorney.


    The lawyer can theoretically lose money if he fails to convince the
    court or jury. I have no clue what happens if an attorney defaults on
    paying the defendants legal fees.

    I'm not sure what this means:
    "The rationale for the English rule is that a litigant (whether
    bringing a claim or defending a claim) is entitled to legal
    representation and, if successful, should not be left out of pocket by
    reason of their own legal fees. It should be borne in mind that, in
    virtually all English civil litigation, damages are merely
    compensatory."

    Also:
    "The English rule is followed by nearly every Western democracy other
    than the United States."
    In my never humble opinion, I believe that this should be changed in
    the USA to follow the English rule.

    More:
    <https://en.wikipedia.org/wiki/Costs_in_English_law>


    --
    Jeff Liebermann jeffl@cruzio.com
    PO Box 272 http://www.LearnByDestroying.com
    Ben Lomond CA 95005-0272
    Skype: JeffLiebermann AE6KS 831-336-2558

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Merriman@21:1/5 to Wolfgang Strobl on Mon Nov 18 20:29:35 2024
    Wolfgang Strobl <news5@mystrobl.de> wrote:
    Am Sun, 17 Nov 2024 15:31:11 -0600 schrieb AMuzi <am@yellowjersey.org>:

    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details:
    https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports:
    https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.

    On a steep descent, failure of the front brake might be enough to cause
    an accident. An inexperienced rider who only uses the rear brake could
    do the same. I wouldn't read too much into "the brakes failed"
    (plural). This is unnecessarily vague. Perhaps intentionally?

    It seems unlikely that the brakes would be a single system, and I’d assume would need to be two separate systems but possibly not? in uk at least you
    need two separate and working systems.

    America is a bit more relaxed about regulation in that regard, see the
    speeds that some E bikes can legally reach.

    | On the return trip about a half-hour later, Akera tried to
    | slow down the steep stretch of Eastern Parkway as it
    | approaches Nostrand Ave, and when the brakes failed, she
    | tried to use her feet, according to the Brooklyn Federal
    | Court filing.

    In any case, it confirms my prejudice that many people can't really cope
    with the demands of powerful engines in vehicles they think are
    bicycles.


    Seems to be a hill and plenty of folks if one looks on Strava seem to
    bombing down, I’d assume that much like London’s Boris bikes (which are slowly moving to electric) which are broadly same weight, ie 23kg, so does build speed.

    This said has a 20mph limiter on both the E versions of the Citibikes and it’s not mentioned in the article unless I’ve missed it if it was Electric powered or not, the gradients looks enough to get the bike beyond the
    limiter, which is also my experience ie rolling off the flyover on my heavy lump of commute bike it will top 20mph freewheeling, it’s still
    accelerating when I brake for the junction, so probably would keep going.

    Doesn’t look like a e thing!

    More a someone did something foolish which does happen.

    Roger Merriman

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Zen Cycle@21:1/5 to Jeff Liebermann on Mon Nov 18 15:59:11 2024
    On 11/18/2024 12:53 PM, Jeff Liebermann wrote:
    On Mon, 18 Nov 2024 06:12:26 -0500, zen cycle
    <funkmasterxx@hotmail.com> wrote:

    On 11/17/2024 10:09 PM, Jeff Liebermann wrote:
    On Sun, 17 Nov 2024 20:36:12 -0500, Frank Krygowski
    <frkrygow@sbcglobal.net> wrote:

    And $15 million for a broken jaw? Really? That's a very optimistic lawyer. >>>
    Hint: USA lawsuits are different from UK lawsuits.

    What does the UK have to do with it? This happened in NYC.

    Oops. I have no clue why I thought the lawsuit was in England. When
    I screw up this badly, it's usually the result of me reading something related just prior to posting. I was reading something about Brexit,
    but that was 2 days ago and there were no lawsuits involved. I'll try
    to clean up my act, but I don't know how to prevent such things. Give
    up drinking lemonade?

    Those damn lemons, they're a gateway drug!


    In the USA, both
    parties pay their own legal bills. In UK, the loser pays for both
    parties legal bills:
    <https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees)>
    "The English rule provides that the party that loses in court pays the
    other party's legal costs. The English rule contrasts with the
    American rule, under which each party is generally responsible for
    paying its own attorney fees..."

    In the US they normally include court costs and lawyers fees as line
    items in the suit. If they don't, it's a sloppy attorney.


    The lawyer can theoretically lose money if he fails to convince the
    court or jury. I have no clue what happens if an attorney defaults on
    paying the defendants legal fees.

    I'm not sure what this means:
    "The rationale for the English rule is that a litigant (whether
    bringing a claim or defending a claim) is entitled to legal
    representation and, if successful, should not be left out of pocket by
    reason of their own legal fees. It should be borne in mind that, in
    virtually all English civil litigation, damages are merely
    compensatory."

    Also:
    "The English rule is followed by nearly every Western democracy other
    than the United States."
    In my never humble opinion, I believe that this should be changed in
    the USA to follow the English rule.

    More:
    <https://en.wikipedia.org/wiki/Costs_in_English_law>




    --
    Add xx to reply

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From AMuzi@21:1/5 to Jeff Liebermann on Mon Nov 18 14:59:35 2024
    On 11/17/2024 9:09 PM, Jeff Liebermann wrote:
    On Sun, 17 Nov 2024 20:36:12 -0500, Frank Krygowski
    <frkrygow@sbcglobal.net> wrote:

    And $15 million for a broken jaw? Really? That's a very optimistic lawyer.

    Hint: USA lawsuits are different from UK lawsuits. In the USA, both
    parties pay their own legal bills. In UK, the loser pays for both
    parties legal bills: <https://en.wikipedia.org/wiki/English_rule_(attorney%27s_fees)>
    "The English rule provides that the party that loses in court pays the
    other party's legal costs. The English rule contrasts with the
    American rule, under which each party is generally responsible for
    paying its own attorney fees..."

    The lawyer can theoretically lose money if he fails to convince the
    court or jury. I have no clue what happens if an attorney defaults on
    paying the defendants legal fees.

    I'm not sure what this means:
    "The rationale for the English rule is that a litigant (whether
    bringing a claim or defending a claim) is entitled to legal
    representation and, if successful, should not be left out of pocket by
    reason of their own legal fees. It should be borne in mind that, in
    virtually all English civil litigation, damages are merely
    compensatory."

    Also:
    "The English rule is followed by nearly every Western democracy other
    than the United States."
    In my never humble opinion, I believe that this should be changed in
    the USA to follow the English rule.

    More:
    <https://en.wikipedia.org/wiki/Costs_in_English_law>



    There are good arguments both ways and the 'best' system to
    adopt is unclear to me. example:

    https://www.lawmoss.com/publication-everybody-pays-attorneys-fees-and-the-american-rule

    --
    Andrew Muzi
    am@yellowjersey.org
    Open every day since 1 April, 1971

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From AMuzi@21:1/5 to Roger Merriman on Mon Nov 18 15:01:25 2024
    On 11/18/2024 2:53 AM, Roger Merriman wrote:
    AMuzi <am@yellowjersey.org> wrote:
    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details:
    https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports:
    https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.


    Yup even if just the rear brake would be able to stop, the london Boris
    bikes have fairly woeful cable drum brakes or did at least!

    But not dangerous just a bit crap!

    Roger Merriman



    Drums are popular for rentals because the users don't screw
    around with the mechanism as much and they are the same (not
    exceptional, just consistent) wet or dry.

    --
    Andrew Muzi
    am@yellowjersey.org
    Open every day since 1 April, 1971

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Merriman@21:1/5 to AMuzi on Mon Nov 18 21:45:35 2024
    AMuzi <am@yellowjersey.org> wrote:
    On 11/18/2024 2:53 AM, Roger Merriman wrote:
    AMuzi <am@yellowjersey.org> wrote:
    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details:
    https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports:
    https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.


    Yup even if just the rear brake would be able to stop, the london Boris
    bikes have fairly woeful cable drum brakes or did at least!

    But not dangerous just a bit crap!

    Roger Merriman



    Drums are popular for rentals because the users don't screw
    around with the mechanism as much and they are the same (not
    exceptional, just consistent) wet or dry.

    Oh it fitted the use case perfectly, and is still cable disk as is the Lime bikes, I’m unclear as to the advantages of a hydraulic drum system in this situation?

    Though I guess sealed system and all that, though a cable system even with crunchy cables is going to still work, and is good enough for who it’s for and all that!

    Ie I might have been sniffy about it, but I’m used to hydraulic disks and have used them for years decades even.

    Roger Merriman

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From AMuzi@21:1/5 to Roger Merriman on Mon Nov 18 16:12:59 2024
    On 11/18/2024 3:45 PM, Roger Merriman wrote:
    AMuzi <am@yellowjersey.org> wrote:
    On 11/18/2024 2:53 AM, Roger Merriman wrote:
    AMuzi <am@yellowjersey.org> wrote:
    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details:
    https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports:
    https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.


    Yup even if just the rear brake would be able to stop, the london Boris
    bikes have fairly woeful cable drum brakes or did at least!

    But not dangerous just a bit crap!

    Roger Merriman



    Drums are popular for rentals because the users don't screw
    around with the mechanism as much and they are the same (not
    exceptional, just consistent) wet or dry.

    Oh it fitted the use case perfectly, and is still cable disk as is the Lime bikes, I’m unclear as to the advantages of a hydraulic drum system in this situation?

    Though I guess sealed system and all that, though a cable system even with crunchy cables is going to still work, and is good enough for who it’s for and all that!

    Ie I might have been sniffy about it, but I’m used to hydraulic disks and have used them for years decades even.

    Roger Merriman


    Well, I don't know that but I did wonder.

    Descriptions of the post-2022 model are 'hydraulic' and
    photos seem to show drums not discs. I was unable to find
    an actual spec sheet. I can't think of such a product
    although there's no reason an hydraulic drum could not be made.

    --
    Andrew Muzi
    am@yellowjersey.org
    Open every day since 1 April, 1971

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff Liebermann@21:1/5 to All on Mon Nov 18 20:37:31 2024
    On Mon, 18 Nov 2024 15:59:11 -0500, Zen Cycle <funkmaster@hotmail.com>
    wrote:

    On 11/18/2024 12:53 PM, Jeff Liebermann wrote:
    Oops. I have no clue why I thought the lawsuit was in England. When
    I screw up this badly, it's usually the result of me reading something
    related just prior to posting. I was reading something about Brexit,
    but that was 2 days ago and there were no lawsuits involved. I'll try
    to clean up my act, but I don't know how to prevent such things. Give
    up drinking lemonade?

    Those damn lemons, they're a gateway drug!

    I asked a friend (who has a background in psychology) if she could
    offer a clue as to why I seem to change the discussion topic and go
    wandering off into the weeds chasing a different topic. After about
    five seconds of contemplation, she declared that anyone who talks (and
    writes) as much as I do, would statistically make a large number of
    mistakes based solely on the percentages involved. I really hate her
    answer, but I think she is probably right.

    --
    Jeff Liebermann jeffl@cruzio.com
    PO Box 272 http://www.LearnByDestroying.com
    Ben Lomond CA 95005-0272
    Skype: JeffLiebermann AE6KS 831-336-2558

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff Liebermann@21:1/5 to AMuzi on Mon Nov 18 20:51:43 2024
    On Mon, 18 Nov 2024 14:59:35 -0600, AMuzi <am@yellowjersey.org> wrote:

    (chomp)
    There are good arguments both ways and the 'best' system to
    adopt is unclear to me. example:

    https://www.lawmoss.com/publication-everybody-pays-attorneys-fees-and-the-american-rule

    Somehow, I would expect a member of the legal establishment to argue
    on the side of whatever financially benefits the legal establishment.
    Let's see which system results in the lowest legal fees:

    <https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf>
    • The U.S. has the highest liability costs
    as a percentage of GDP of the countries
    surveyed, with liability costs at 2.6
    times the average level of the Eurozone
    economies (see Figure 1).

    • U.S. liability costs are four times higher
    than those of the least costly European
    countries in our study – Belgium, the
    Netherlands and Portugal.

    • Although the U.S. has by far the most
    costly liability system, our analysis shows
    that liability costs in the U.K., Germany
    and Denmark have risen between 13%
    and 25% per year since 2008.

    • Features of the legal environment in each
    country are highly correlated with litigation
    costs, implying that changes to the liability
    system may have a substantial effect
    on costs. A common law (rather than
    civil law) tradition and a high number of
    lawyers per capita are strong indicators of
    higher litigation costs.

    Looks like the winner of the highest cost for liability litigation
    (2.6 times the average cost of other European counties) is the USA.

    Yes, I know this only for liability litigation, but I couldn't find
    better numbers that cover all aspects of the litigation.

    More on "attorney fee shifting" <https://law.stackexchange.com/questions/64348/does-any-other-country-besides-the-us-employ-something-substantially-different>

    --
    Jeff Liebermann jeffl@cruzio.com
    PO Box 272 http://www.LearnByDestroying.com
    Ben Lomond CA 95005-0272
    Skype: JeffLiebermann AE6KS 831-336-2558

    --- SoupGate-Win32 v1.05
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  • From Wolfgang Strobl@21:1/5 to All on Tue Nov 19 13:02:05 2024
    Am 18 Nov 2024 20:29:35 GMT schrieb Roger Merriman <roger@sarlet.com>:

    Wolfgang Strobl <news5@mystrobl.de> wrote:
    Am Sun, 17 Nov 2024 15:31:11 -0600 schrieb AMuzi <am@yellowjersey.org>:

    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details:
    https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports:
    https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.

    On a steep descent, failure of the front brake might be enough to cause
    an accident. An inexperienced rider who only uses the rear brake could
    do the same. I wouldn't read too much into "the brakes failed"
    (plural). This is unnecessarily vague. Perhaps intentionally?

    It seems unlikely that the brakes would be a single system, and I’d assume >would need to be two separate systems but possibly not? in uk at least you >need two separate and working systems.

    I was talking specifically about a system with two independent brakes,
    one brake on the front wheel and one independent brake on the rear
    wheel.

    Two independend brakes on bicycles are mandatory in Germany for longer
    than I've been alive. Interpretation varies, some people believe that a
    front brake as a separate component and the option of braking using the
    rear wheel on a fixie fulfills this requirement: if the front brake
    fails, braking that way is no worse and sometimes better than having to
    use a coaster brake (I agree with that).


    America is a bit more relaxed about regulation in that regard, see the
    speeds that some E bikes can legally reach.

    Don't know about the US. AFIK, there is no uniform law for bicycles,
    over there. Unfortunately, by equating some 25 km/h E-bikes to bicycles,
    German bicycle law got somewhat eroded, too.



    | On the return trip about a half-hour later, Akera tried to
    | slow down the steep stretch of Eastern Parkway as it
    | approaches Nostrand Ave, and when the brakes failed, she
    | tried to use her feet, according to the Brooklyn Federal
    | Court filing.

    In any case, it confirms my prejudice that many people can't really cope
    with the demands of powerful engines in vehicles they think are
    bicycles.


    Seems to be a hill and plenty of folks if one looks on Strava seem to
    bombing down, I’d assume that much like London’s Boris bikes (which are >slowly moving to electric) which are broadly same weight, ie 23kg, so does >build speed.

    I didn't look that up. It's probably a bike path located here

    <https://maps.app.goo.gl/wX99gKXWGuJ7NJzQ6> <https://brouter.m11n.de/#map=16/40.6701/-73.9514/osm-mapnik-german_style&lonlats=-73.955195,40.669983;-73.948087,40.66958&profile=trekking

    2-3 percent according to bikerouter, that isn't steep.

    About a kilometer from my doorstep, it's going up for a a bit more than
    a kilometer with six percent. And this is the easy route via the main
    road. Two car-free scenic routes have either a constant 12 percent or
    vary between 10 and 16 percent.




    This said has a 20mph limiter on both the E versions of the Citibikes and >it’s not mentioned in the article unless I’ve missed it if it was Electric >powered or not, the gradients looks enough to get the bike beyond the >limiter, which is also my experience ie rolling off the flyover on my heavy >lump of commute bike it will top 20mph freewheeling, it’s still >accelerating when I brake for the junction, so probably would keep going.

    A person on a bikes like these is good for 30 km/h, (~18 mph) on a 3
    percent descent, just by rolling. So a motor with a 20mph cutoff doesn't
    matter much in this case.

    Depending on your riding position, you might get much faster, even on a
    heavy commute bike. Being heavy actually makes you faster. A heavy
    cyclist on a heavy road bike in the lower bar position might reach 40
    km/h, given enough time. I very much doubt that person riding the aforementioned E-bike is doing that, though.


    Doesn’t look like a e thing!

    The flash on the first picture in the nyp article <https://nypost.com/wp-content/uploads/sites/2/2024/11/citibike-east-village-teen-broke-93649760.jpg?resize=1024,683&quality=75&strip=all>
    and the large box around the bottom bracket suggests E-bike.


    More a someone did something foolish which does happen.

    Probably. But we don't know. Those B-Bikes limited to 25 km/h that I
    remember from my youth (in Germany, we call them Mofa (shortened from Motorfahrrad aka motorized bicycle) where really limited to 25 km/h, the
    motor worked as an engine brake above 25 km/h. Contemporary E-Bikes are
    not.

    People who are unable to ride even 50 easy meters uphill now use their
    e-bike to ride up almost any steep incline with virtually unlimited
    elevation gain. Of course, this causes accidents that didn't happen
    before because no one was able to do so without acquiring the necessary
    skills, during the time that is needed to aquire the necessary strength
    and endurance.

    --
    Thank you for observing all safety precautions

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From AMuzi@21:1/5 to Jeff Liebermann on Tue Nov 19 07:52:14 2024
    On 11/18/2024 10:51 PM, Jeff Liebermann wrote:
    On Mon, 18 Nov 2024 14:59:35 -0600, AMuzi <am@yellowjersey.org> wrote:

    (chomp)
    There are good arguments both ways and the 'best' system to
    adopt is unclear to me. example:

    https://www.lawmoss.com/publication-everybody-pays-attorneys-fees-and-the-american-rule

    Somehow, I would expect a member of the legal establishment to argue
    on the side of whatever financially benefits the legal establishment.
    Let's see which system results in the lowest legal fees:

    <https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf>
    • The U.S. has the highest liability costs
    as a percentage of GDP of the countries
    surveyed, with liability costs at 2.6
    times the average level of the Eurozone
    economies (see Figure 1).

    • U.S. liability costs are four times higher
    than those of the least costly European
    countries in our study – Belgium, the
    Netherlands and Portugal.

    • Although the U.S. has by far the most
    costly liability system, our analysis shows
    that liability costs in the U.K., Germany
    and Denmark have risen between 13%
    and 25% per year since 2008.

    • Features of the legal environment in each
    country are highly correlated with litigation
    costs, implying that changes to the liability
    system may have a substantial effect
    on costs. A common law (rather than
    civil law) tradition and a high number of
    lawyers per capita are strong indicators of
    higher litigation costs.

    Looks like the winner of the highest cost for liability litigation
    (2.6 times the average cost of other European counties) is the USA.

    Yes, I know this only for liability litigation, but I couldn't find
    better numbers that cover all aspects of the litigation.

    More on "attorney fee shifting" <https://law.stackexchange.com/questions/64348/does-any-other-country-besides-the-us-employ-something-substantially-different>


    Yes I agree that the attorney wrote from the attorney's
    viewpoint. But there were good arguments in there as well.

    And yes our tort system needs help desperately, especially
    but not only in medical. Wisconsin for example made major
    medical tort reforms in the 1990s but those were undone
    10~15 years later. -sigh-

    It is a complex problem with many interests not just simply
    plaintiff v defendant: https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=2502&context=hlr

    And then juries. East Saint Louis IL is a notoriously (or
    to plaintiff bar wonderfully) lucrative place to file a lawsuit:

    https://madisonrecord.com/stories/511066581-sixteen-madison-county-jury-trials-went-to-verdict-in-2016-nearly-8-million-awarded-to-nine-plaintiffs

    and on and on. Many overlapping rules, systems, players make
    the area difficult well beyond who pays legal fees.

    Which is why I wrote that the 'best' system remains unclear
    to me.

    --
    Andrew Muzi
    am@yellowjersey.org
    Open every day since 1 April, 1971

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Merriman@21:1/5 to Wolfgang Strobl on Tue Nov 19 18:14:52 2024
    Wolfgang Strobl <news5@mystrobl.de> wrote:
    Am 18 Nov 2024 20:29:35 GMT schrieb Roger Merriman <roger@sarlet.com>:

    Wolfgang Strobl <news5@mystrobl.de> wrote:
    Am Sun, 17 Nov 2024 15:31:11 -0600 schrieb AMuzi <am@yellowjersey.org>:

    https://nypost.com/2024/11/16/us-news/teen-sues-citi-bike-for-15m-over-brake-related-nyc-crash-that-broke-jaw/

    Photo seems to show hydraulic drums (?? who makes that?).

    Current model, no tech details:
    https://www.timeout.com/newyork/news/lyft-has-unveiled-new-electric-citi-bikes-in-nyc-042922-1

    Local rider reports:
    https://www.reddit.com/r/Citibike/comments/ujpbsu/quick_thoughts_on_new_ebikes/

    Today's report caught my eye because there are clearly
    separate front and rear braking systems. Simultaneous
    failure of both would be extremely unlikely unless
    purposefully damaged IMHO.

    On a steep descent, failure of the front brake might be enough to cause
    an accident. An inexperienced rider who only uses the rear brake could
    do the same. I wouldn't read too much into "the brakes failed"
    (plural). This is unnecessarily vague. Perhaps intentionally?

    It seems unlikely that the brakes would be a single system, and I’d assume >> would need to be two separate systems but possibly not? in uk at least you >> need two separate and working systems.

    I was talking specifically about a system with two independent brakes,
    one brake on the front wheel and one independent brake on the rear
    wheel.

    Two independend brakes on bicycles are mandatory in Germany for longer
    than I've been alive. Interpretation varies, some people believe that a
    front brake as a separate component and the option of braking using the
    rear wheel on a fixie fulfills this requirement: if the front brake
    fails, braking that way is no worse and sometimes better than having to
    use a coaster brake (I agree with that).


    America is a bit more relaxed about regulation in that regard, see the
    speeds that some E bikes can legally reach.

    Don't know about the US. AFIK, there is no uniform law for bicycles,
    over there. Unfortunately, by equating some 25 km/h E-bikes to bicycles, German bicycle law got somewhat eroded, too.



    | On the return trip about a half-hour later, Akera tried to
    | slow down the steep stretch of Eastern Parkway as it
    | approaches Nostrand Ave, and when the brakes failed, she
    | tried to use her feet, according to the Brooklyn Federal
    | Court filing.

    In any case, it confirms my prejudice that many people can't really cope >>> with the demands of powerful engines in vehicles they think are
    bicycles.


    Seems to be a hill and plenty of folks if one looks on Strava seem to
    bombing down, I’d assume that much like London’s Boris bikes (which are >> slowly moving to electric) which are broadly same weight, ie 23kg, so does >> build speed.

    I didn't look that up. It's probably a bike path located here

    <https://maps.app.goo.gl/wX99gKXWGuJ7NJzQ6> <https://brouter.m11n.de/#map=16/40.6701/-73.9514/osm-mapnik-german_style&lonlats=-73.955195,40.669983;-73.948087,40.66958&profile=trekking

    2-3 percent according to bikerouter, that isn't steep.

    No but enough to build speed up, my old MTB as I noted which is a touch
    lighter be just under 20kg, and similar position builds speed quick enough
    on flyover bridges which are probably less long and as steep, and will hit 22/23mph at the point of needing to brake for the junction. Ie heavy bikes
    drop like a stone downhill.

    About a kilometer from my doorstep, it's going up for a a bit more than
    a kilometer with six percent. And this is the easy route via the main
    road. Two car-free scenic routes have either a constant 12 percent or
    vary between 10 and 16 percent.




    This said has a 20mph limiter on both the E versions of the Citibikes and
    it’s not mentioned in the article unless I’ve missed it if it was Electric
    powered or not, the gradients looks enough to get the bike beyond the
    limiter, which is also my experience ie rolling off the flyover on my heavy >> lump of commute bike it will top 20mph freewheeling, it’s still
    accelerating when I brake for the junction, so probably would keep going.

    A person on a bikes like these is good for 30 km/h, (~18 mph) on a 3
    percent descent, just by rolling. So a motor with a 20mph cutoff doesn't matter much in this case.

    Depending on your riding position, you might get much faster, even on a
    heavy commute bike. Being heavy actually makes you faster. A heavy
    cyclist on a heavy road bike in the lower bar position might reach 40
    km/h, given enough time. I very much doubt that person riding the aforementioned E-bike is doing that, though.


    Doesn’t look like a e thing!

    The flash on the first picture in the nyp article <https://nypost.com/wp-content/uploads/sites/2/2024/11/citibike-east-village-teen-broke-93649760.jpg?resize=1024,683&quality=75&strip=all>
    and the large box around the bottom bracket suggests E-bike.

    That’s just stock photos of city bikes of which the newest models are E
    bikes though looking the, up seem to have to have a certain number E others have to be none.


    More a someone did something foolish which does happen.

    Probably. But we don't know. Those B-Bikes limited to 25 km/h that I remember from my youth (in Germany, we call them Mofa (shortened from Motorfahrrad aka motorized bicycle) where really limited to 25 km/h, the motor worked as an engine brake above 25 km/h. Contemporary E-Bikes are
    not.

    I believe those are limited to 20mph which I’d personally say is a bit too fast 15mph seems to be the sweet spot but either way seem likely e or not
    could reach 20+ mph with ease!

    People who are unable to ride even 50 easy meters uphill now use their
    e-bike to ride up almost any steep incline with virtually unlimited
    elevation gain. Of course, this causes accidents that didn't happen
    before because no one was able to do so without acquiring the necessary skills, during the time that is needed to aquire the necessary strength
    and endurance.

    Roger Merriman

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From zen cycle@21:1/5 to Frank Krygowski on Wed Nov 20 05:36:53 2024
    On 11/19/2024 10:42 AM, Frank Krygowski wrote:
    On 11/18/2024 11:37 PM, Jeff Liebermann wrote:
    On Mon, 18 Nov 2024 15:59:11 -0500, Zen Cycle <funkmaster@hotmail.com>
    wrote:

    On 11/18/2024 12:53 PM, Jeff Liebermann wrote:
    Oops.  I have no clue why I thought the lawsuit was in England.  When >>>> I screw up this badly, it's usually the result of me reading something >>>> related just prior to posting.  I was reading something about Brexit, >>>> but that was 2 days ago and there were no lawsuits involved.  I'll try >>>> to clean up my act, but I don't know how to prevent such things.  Give >>>> up drinking lemonade?

    Those damn lemons, they're a gateway drug!

    I asked a friend (who has a background in psychology) if she could
    offer a clue as to why I seem to change the discussion topic and go
    wandering off into the weeds chasing a different topic.  After about
    five seconds of contemplation, she declared that anyone who talks (and
    writes) as much as I do, would statistically make a large number of
    mistakes based solely on the percentages involved.  I really hate her
    answer, but I think she is probably right.

    Don't feel bad. "Mistakes" are the foundation of evolution, because some
    of them trigger improvements.

    "Without deviation from the norm, progress is not possible." - Frank Zappa

    (... not that I like Zappa's deviations from the norm.)

    I'm actually a big fan

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From AMuzi@21:1/5 to zen cycle on Wed Nov 20 08:17:04 2024
    On 11/20/2024 4:36 AM, zen cycle wrote:
    On 11/19/2024 10:42 AM, Frank Krygowski wrote:
    On 11/18/2024 11:37 PM, Jeff Liebermann wrote:
    On Mon, 18 Nov 2024 15:59:11 -0500, Zen Cycle
    <funkmaster@hotmail.com>
    wrote:

    On 11/18/2024 12:53 PM, Jeff Liebermann wrote:
    Oops.  I have no clue why I thought the lawsuit was in
    England.  When
    I screw up this badly, it's usually the result of me
    reading something
    related just prior to posting.  I was reading something
    about Brexit,
    but that was 2 days ago and there were no lawsuits
    involved.  I'll try
    to clean up my act, but I don't know how to prevent
    such things.  Give
    up drinking lemonade?

    Those damn lemons, they're a gateway drug!

    I asked a friend (who has a background in psychology) if
    she could
    offer a clue as to why I seem to change the discussion
    topic and go
    wandering off into the weeds chasing a different topic.
    After about
    five seconds of contemplation, she declared that anyone
    who talks (and
    writes) as much as I do, would statistically make a large
    number of
    mistakes based solely on the percentages involved.  I
    really hate her
    answer, but I think she is probably right.

    Don't feel bad. "Mistakes" are the foundation of
    evolution, because some of them trigger improvements.

    "Without deviation from the norm, progress is not
    possible." - Frank Zappa

    (... not that I like Zappa's deviations from the norm.)

    I'm actually a big fan


    Warning! Bicycle content:
    https://www.youtube.com/watch?v=QF0PYQ8IOL4

    --
    Andrew Muzi
    am@yellowjersey.org
    Open every day since 1 April, 1971

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Zen Cycle@21:1/5 to AMuzi on Wed Nov 20 16:18:22 2024
    On 11/20/2024 9:17 AM, AMuzi wrote:
    On 11/20/2024 4:36 AM, zen cycle wrote:
    On 11/19/2024 10:42 AM, Frank Krygowski wrote:
    On 11/18/2024 11:37 PM, Jeff Liebermann wrote:
    On Mon, 18 Nov 2024 15:59:11 -0500, Zen Cycle <funkmaster@hotmail.com> >>>> wrote:

    On 11/18/2024 12:53 PM, Jeff Liebermann wrote:
    Oops.  I have no clue why I thought the lawsuit was in England.  When >>>>>> I screw up this badly, it's usually the result of me reading
    something
    related just prior to posting.  I was reading something about Brexit, >>>>>> but that was 2 days ago and there were no lawsuits involved.  I'll >>>>>> try
    to clean up my act, but I don't know how to prevent such things.
    Give
    up drinking lemonade?

    Those damn lemons, they're a gateway drug!

    I asked a friend (who has a background in psychology) if she could
    offer a clue as to why I seem to change the discussion topic and go
    wandering off into the weeds chasing a different topic. After about
    five seconds of contemplation, she declared that anyone who talks (and >>>> writes) as much as I do, would statistically make a large number of
    mistakes based solely on the percentages involved.  I really hate her >>>> answer, but I think she is probably right.

    Don't feel bad. "Mistakes" are the foundation of evolution, because
    some of them trigger improvements.

    "Without deviation from the norm, progress is not possible." - Frank
    Zappa

    (... not that I like Zappa's deviations from the norm.)

    I'm actually a big fan


    Warning! Bicycle content:
    https://www.youtube.com/watch?v=QF0PYQ8IOL4


    There was supposed to be a claymation movie short of Billy the Mountain.
    It was apparently started, but never finished, similarly Joes Garage was supposed to be made into a feature length musical - alas, never past the script. However, if you've ever seen 200 Motels, you probably understand
    why he never got studio support again.

    --
    Add xx to reply

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