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> This would also need to investigate contributory negligence. For example, the sidewalk may have been safe for the legal uses of the sidewalk but dangerous for
by cudgy 5y ago
> This would also need to investigate contributory negligence. For example, the sidewalk may have been safe for the legal uses of the sidewalk but dangerous for the illegal use of scooters.
One could argue that it is not about legal use, but the expectations of use. Is it reasonable to expect people to ride scooters and bicycles on sidewalks regardless of legality? In this case, the rider could sue the city and the city could then sue the manufacturer of the scooter for making a dangerous product and causing the city harm.
However, Did the city approve use of and leasing of scooters? If so, why did they do this knowing that they may not be able to maintain the sidewalks and roads to a level that is safe for these types of vehicles? Personally, I do not allow my children to ride scooters because the wheels are too small in diameter to handle basic potholes, concrete heaving, roots etc.
- giantg2 5y ago"Is it reasonable to expect people to ride scooters and bicycles on sidewalks regardless of legality?" Can I tresspass at your house and practice diving for a basketball on your concrete driveway? Would you gladly pay my medical bills and pain and suffering? If this is the way the world works, we have a serious problem. At some point people need to exercise reasonable care over themselves and not expect to be babied. One could also argue that the rider should have a reasonable expectation that bumps exist on sidewalks (even if bumps over a certain size aren't legal - the same argument you're making).