Because a Chicago bike rental company was sued after they violated their own unwritten policy of giving riders helmets and safe riding instructions to a cyclist who was subsequently injured in a dooring, some Chicago lawyers think that Divvy is a legal reciped for disaster. [The rental company settled, which is too bad because I'd love to see a lawyer try and prove that a helmet would have helped the cyclist in the dooring].
Jeff Kroll, a partner at Salvi, Schostok & Pritchard who negotiated the settlement for Cohen, sees similarities between the case he brought against Lakeshore Bike and Divvy’s policies. “I don’t think they’re dissimilar in the sense that you’ve got companies in the business of making money, but they’re not taking the extra steps to make sure people are safe,” Kroll says. “I think this is going to be Pandora’s box. With more pedestrians being hurt, more dooring accidents, the question will become, what responsibility does Divvy have?”
I think these two cases are very different, and that the bike rental company should not have settled, but I'm not sure what they think Divvy could do short of having someone stand by kiosks and make sure cyclists wear helmets.
“Harm is totally foreseeable,” says Christine Hurt, professor at the University of Illinois College of Law. “A kiosk in downtown Chicago that doesn’t provide bike helmets? I think that’d be a pretty good fight.”
Says someone who has no idea what the efficacy of helmets is or how rare it is that bikeshare users are injured or that city cycling is actually safer than suburban cycling.
And I suspect the average Divvy rider is not "clueless".
A boat rental shop that doesn't provide sunscreen? That's a better fight. Totally foreseeable that patrons without sunscreen will incur potentially life-threatening skin damage. The stats are irrefutable.
Posted by: Crickey7 | November 19, 2013 at 09:14 AM
A car rental company that doesnt require a safe driving class before taking the keys? Totally foreseeable that they might speed, get in accidents, kill people.
Posted by: SJE | November 19, 2013 at 10:07 AM
and if you sell a gun....
Posted by: SJE | November 19, 2013 at 10:08 AM
I think car rental companies should require tests in local navigation, defensive driving, and anger management before handing over the keys.
Posted by: Greenbelt | November 19, 2013 at 10:12 AM
Sure, but driving a car is normal behavior engaged in by normal people. Renting a bikeshare bike to an adult so they can ride it around a city is like giving the keys to a rocket-powered go-kart to a 6-year-old.
Totally irresponsible, and with completely predictable consequences!
Posted by: oboe | November 19, 2013 at 10:38 AM
so, again the larger answer (aside from a trial in which real experts on bike safety testify, and some contigency based law firm gets burned in a loss) is to normalize biking. Do all the day to day things - ride more - tell your friends and work colleagues about biking, so they see it as something doable for them - support WABA - do the hard scrabble lobbying with your local jurisdiction for infra, and with your state for laws.
and when you get too frustrated, when the road is too hard and too long, go take a ride.
Posted by: ACyclistInTheSuburbs | November 19, 2013 at 12:30 PM
They ought to issue renters an airhorn. One pedestrian crossed the L Street cycletrack last Friday against the light, while obliviously texting the entire time.
Posted by: Crickey7 | November 19, 2013 at 03:23 PM
Crickey7, sounds like a lawsuit against the cell company and the provider to me.
Posted by: JJJJJ | November 19, 2013 at 04:13 PM