Bicycling And The Law - 911law.com

In today’s podcast, Richard L. Duquette discusses the different types of claims and how to successfully bring them to court. Tune in to Bicyclists Rights against Public Entities, Potholes to Trails Part 2 to help you decide how to proceed with your case!   Building a Permissible Claim   There are different types of claims, particularly in cases where an injured bicyclist will be allowed to sue a public entity. Whatever the claim, the bicyclist must be able to prove the “dangerous condition” that would warrant the case to go to court.   Three things to prove are: that the property concerned is owned or controlled by the public entity; that the property was in a dangerous condition; and, that the injury was foreseeable or reasonably foreseeable.   The Element of Foreseeability   Foreseeability does not apply to the natural conditions of improved land. One should be able to prove that the “dangerous condition” was created by a government employee or that the public entity concerned had actual or constructive not