Simon Cowell breaks back falling from ebike

[pmcdonald]

This could be a very interesting test case, particularly in a state as litigious as California.

I could be totally barking wrong here, but at face value it appears the bike offers the weight and performance of a vehicle in one class, and attempts to legally sit in another class with just the nudge, nudge, wink, wink 'private roads only, folks' disclaimer.

Of course, common sense suggests if it looks and rides like a hypercharged dirt bike you should treat it with all the same caution and protective equipment. But duty of care has absolved us all from common sense, right?

 

[Dallant]

I would think a good lawyer would get every picture of him riding a bike w/o any protection and then ask, why was he suddenly wearing a helmet if he didn’t get the inherent danger of this motorbike?

 

[pmcdonald]

To be clear, I'm not siding with the plaintiff to be. I'm just pointing out these high powered 'Ebike' manufacturers are sitting in murky legal territory where they're not subject to the safety and roadworthy standards of other vehicles in their performance bracket.

 

[john e-bike 2007]

Yep all kinds of horrible things can happen with no helmet, no shoes, no knee protection, no gloves and no elbow protection. I ride with all that on. I kind of added them as I went along from one crash to the next.

 

[reed scott]

To be clear, I'm not siding with the plaintiff to be. I'm just pointing out these high powered 'Ebike' manufacturers are sitting in murky legal territory where they're not subject to the safety and roadworthy standards of other vehicles in their performance bracket.

Not for much longer I warrant.

 

[Law]

If I was the manufacturer, I would not deliver the bike without having software that users would have to unlock the liability of different power levels.

 

[J.R.]

I've never sued anyone, I can only go by what I see in the news. Remember the woman that didn't know coffee was hot? McDonald's had to put caution labels on their coffee cups after that.

There are a lot of ebike brands with YouTube videos showing crazy speeds on the bikes they offer. I'm sure 99% of us understand just because it can do it, we might not be able to handle it. Then there's that 1%.... and even when people make mistakes they often blame others and sue. Any lawyer would show those videos to a jury. I was a jury foreman once in a law suit. Lawyers would claim the brand condones reckless behavior by showing their customers how to ride.

Crazy world.

 

[legsofbeer]

I'm just pointing out these high powered 'Ebike' manufacturers are sitting in murky legal territory where they're not subject to the safety and roadworthy standards of other vehicles in their performance bracket.

From the article, it appears Cowell purchased the bike in the UK from a UK manufacturer, had it delivered in the UK, then of his own accord shipped it to Malibu, California. That makes it a grey market vehicle, at best.

 

[Sierratim]

Is there any possible occurrence that a lawyer wouldn't bring suit if there is the slightest chance of a payout?

Nope.

 

[Sierratim]

It's disgusting that Simon Cowell is considering legal action... The ultimate responsibility for use of the bike belongs to the rider.
He has shown no regard for safety and continues to ride without any protective gear... no helmet, gloves, pads, jacket, or any PPE.

On the website of Swind — the commercial arm of Swindon Powertrain — a disclaimer warns buyers about the vehicle’s UK ban.
Swindon Powertrain’s MD Raphael Caille said:

“With any device, it is important to read the user manual before attempting to operate.
“The EB-01 user manual includes a detailed process of how to familiarise oneself with the performance features and procedures to follow.
“The company has acted in good faith at all times.”

View attachment 74114

I believe Cowell pretty much admitted it was his fault in an interview immediately after the 'accident'. Now he wants to 'punish' the manufacturer because it's California and no one is personally responsible for the outcomes of their decisions.

 

[FlatSix911]

I believe Cowell pretty much admitted it was his fault in an interview immediately after the 'accident'.
Now he wants to 'punish' the manufacturer because it's California and no one is personally responsible for the outcomes of their decisions.

The sad state of current affairs... in Kalifornia.

 

[Stefan Mikes]

From the article, it appears Cowell purchased the bike in the UK from a UK manufacturer, had it delivered in the UK, then of his own accord shipped it to Malibu, California. That makes it a grey market vehicle, at best.

And he bought a UK-illegal e-bike.

 

[Mike_V]

This Miserable Narcissist ?

 

[FlatSix911]

More details reported by Electrek... I hope this case is thrown out of court if he sues.

Simon Cowell may sue ‘death trap’ electric motorbike maker after breaking spine in accident (electrek.co)

Much of the media has misreported the story by describing the Swind EB-01 as an electric bicycle. In fact, the bike’s performance puts it into a very different category. With a top speed of 60 mph (97 km/h) and a motor power of 15 kW (20 hp), the Swind EB-01 is much more of an electric motorcycle that happens to have pedals attached to it instead of foot pegs.

The bike takes significant experience and skill to ride safely, as it packs approximately 60x the power of a legal electric bicycle in Cowell’s native UK. The TV personality apparently discovered the bike at a UK motor show in January and created significant buzz with his purchase. He became one of the company’s first customers for the approximately $22,000 electric motorbike. Arrangements were made to ship the Swind EB-01 to Cowell’s California home.

 

[Art Deco]

Not for much longer I warrant.

That is exactly the issue and all ebikes will be included . Once the government starts regulating something, they never stop, and then fees and fines will become an income source with inspections and liscence laws, etc .

 

[smorgasbord]

This Miserable Narcissist ?

Good to see he always wears black T-shirts.

 

[Law]

Good to see he always wears black T-shirts.

Why?

 

[MDog51]

“The electric motorbike Cowell was riding is known as a Swind EB-01.” With a top speed of 60 mph (97 km/h) and a motor power of 15 kW (20 hp), the Swind EB-01 is much more of an electric motorcycle that happens to have pedals attached to it instead of foot pegs”

Simon Cowell may sue 'death trap' electric motorbike maker after breaking spine in accident

TV personality Simon Cowell is apparently considering taking legal action against an electric motorbike (not ebike) manufacturer after suffering serious...

electrek.co

There are many different issues than an Ebike

 

[FlatSix911]

“The electric motorbike Cowell was riding is known as a Swind EB-01.”
With a top speed of 60 mph (97 km/h) and a motor power of 15 kW (20 hp), the Swind EB-01 is much more of an electric motorcycle that happens to have pedals attached to it instead of foot pegs”

Simon Cowell may sue 'death trap' electric motorbike maker after breaking spine in accident

TV personality Simon Cowell is apparently considering taking legal action against an electric motorbike (not ebike) manufacturer after suffering serious...

electrek.co

There are many different issues than an Ebike

See post #134...

 

[MDog51]

See post #134...

I did I was discussing the issues involved