Random story but when I was about 12 years old circa 1995 I was camping with my friend for his birthday. His dad bought him a brand new Carvin 6'0" with glass on's and it happened to be pumping down the way from the campground. My friend couldn't really surf especially on a potato chip but he ended up trying to burn me on a good one. He pearled and his board shot back up and the backside of the razor sharp glass on's went between my fingers and cut the meaty webbing down to the bone just about. Filleted it like a knife.
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Kooks and Negligence
- Thread starter Havoc
- Start date
many years ago one of my best friends collided with a guy at our local break. it was a really good day and this guy basically had no business out there. the sets were bombing, the current was ripping and he was on a tiny board and kept missing and blowing waves so after a while we all just started padding around or burning him. in hindsight i should have said something to him but i just wanted to surf didn't feel like ruining my session by getting into it with some #vanlife guy.
i had a great session. surfed for a few hours and then i went in and i was walking up the trail when I saw the guy manage to shoulder hop a wide set wave as my buddy was spinning around under him to catch it from deeper. the wave was a well overhead right. the guy was a regular footer. my buddy is a goofy footer and he is build super stout. i think the guy had no idea my buddy was behind him as he was pumping down the line way out in front of the pocket. my buddy did a turn or two in the pocket and then as he was bottom turning, setting up for another turn the other guy abruptly turned or maybe even caught a rail and fell down into him. my buddy looked like he braced himself and the guy slammed into him, bounced off and rag dolled down the face. i think my buddy just kept riding the wave and then paddled back out and kept surfing.
the guy came in limping and his girlfriend ran over all frantic. i was watching all of this from further up the trail. i went down to see if he needed a hand. the guy was walking kind of hunched over and my first impression was that he was playing up his injury but I offered to help him up the beach or call someone. he wouldn't accept help. he was super salty and his girlfriend was basically hysterical, going off about localism, claiming assault and asking who my buddy was. i was just like, glad you are okay, and left.
apparently they waited another hour for my buddy, even though the guy was supposedly very injured. they got his info somehow and then months later they sued him. i don't remember how much they wanted but it was a lot. they claimed the guy had serious back issues and couldn't work and so on.
it was a nightmare for my friend and it cost him thousands of dollars over a the course of like 3 years. thankfully his lawyer was good and it was sort of just their word against his and finally the case was dropped. i think not long before this there was another case in the same court from our neighboring town that involved a bodyboarder threatening a surfer and the surfer pulling a gun on him in the parking lot. during my buddies trial the judge was like, wtf is wrong with you surfers lol.
i had a great session. surfed for a few hours and then i went in and i was walking up the trail when I saw the guy manage to shoulder hop a wide set wave as my buddy was spinning around under him to catch it from deeper. the wave was a well overhead right. the guy was a regular footer. my buddy is a goofy footer and he is build super stout. i think the guy had no idea my buddy was behind him as he was pumping down the line way out in front of the pocket. my buddy did a turn or two in the pocket and then as he was bottom turning, setting up for another turn the other guy abruptly turned or maybe even caught a rail and fell down into him. my buddy looked like he braced himself and the guy slammed into him, bounced off and rag dolled down the face. i think my buddy just kept riding the wave and then paddled back out and kept surfing.
the guy came in limping and his girlfriend ran over all frantic. i was watching all of this from further up the trail. i went down to see if he needed a hand. the guy was walking kind of hunched over and my first impression was that he was playing up his injury but I offered to help him up the beach or call someone. he wouldn't accept help. he was super salty and his girlfriend was basically hysterical, going off about localism, claiming assault and asking who my buddy was. i was just like, glad you are okay, and left.
apparently they waited another hour for my buddy, even though the guy was supposedly very injured. they got his info somehow and then months later they sued him. i don't remember how much they wanted but it was a lot. they claimed the guy had serious back issues and couldn't work and so on.
it was a nightmare for my friend and it cost him thousands of dollars over a the course of like 3 years. thankfully his lawyer was good and it was sort of just their word against his and finally the case was dropped. i think not long before this there was another case in the same court from our neighboring town that involved a bodyboarder threatening a surfer and the surfer pulling a gun on him in the parking lot. during my buddies trial the judge was like, wtf is wrong with you surfers lol.
I'm extremely glad that Mark Olson's back was sliced open by Patrick Saville's surboard fin at Miramar Beach in July.
I'm also exponentially glad that Mark Olsen lost his first and second round lawsuits and that the king of drop ins, Shaun Tompson, and the ancient ex-pro, Ian Cairns were expert witnesses in the case.
Finally, I'm factorially more glad that Mark Olsen spent and lost money on attorneys fees for trying to sue another surfer.
I'm also exponentially glad that Mark Olsen lost his first and second round lawsuits and that the king of drop ins, Shaun Tompson, and the ancient ex-pro, Ian Cairns were expert witnesses in the case.
Finally, I'm factorially more glad that Mark Olsen spent and lost money on attorneys fees for trying to sue another surfer.
There are a zillion laws about driving a car. Not so in surfing..... at least yet. Let's hope it doesn't get that way.
Is It Illegal to Ride Your Bike on the Sidewalk? – Each State’s Answer | Bike Law
We are a network of independent bicycle accident lawyers across the United States and Canada.
www.bikelaw.com
No California statute specifically allows or prohibits riding a bicycle on the sidewalk. According to California Vehicle Code Section 21206, local governments have the right to make their own traffic ordinances, including those that govern bicycles.
The following five California cities have banned cycling on sidewalks:
- Carlsbad
- El Cajon
- Escondido
- National City
- Vista
Never realized that.Is It Illegal to Ride Your Bike on the Sidewalk? – Each State’s Answer | Bike Law
We are a network of independent bicycle accident lawyers across the United States and Canada.
No California statute specifically allows or prohibits riding a bicycle on the sidewalk. According to California Vehicle Code Section 21206, local governments have the right to make their own traffic ordinances, including those that govern bicycles.
The following five California cities have banned cycling on sidewalks:
In Los Angeles, cyclists may use the sidewalks as long as they are aware of pedestrians and operate their bicycles safely. Additionally, LA cyclists must be cautious when passing in front of storefronts. Santa Clarita allows cyclists to ride on the sidewalks in most parts of the city, but not in business districts.
- Carlsbad
- El Cajon
- Escondido
- National City
- Vista
Also never realized (until a quick google) that a bike that is ridden across a crosswalk does not have the right away to vehicles, only pedestrians do.
^^^^THIS^^^^
I was going to comment on the "King of Drop-ins," thanks for addressing the obvious.
Unfortunately, chances are, the plaintiff's attorney is probably a douchebag ambulance chaser and only collects if there is a judgment in the plaintiff's favor, at which point he taps him for 50-60% of the take.
Association of Surfing Lawyers
Welcome to the Association of Surfing Lawyers! ASL is a non-profit organization of attorneys who promote and preserve the lifestyle, causes and concerns of surfers around the world. Founded in 2002, the Association of Surfing Lawyers aims to foster good will, balance, camaraderie and networking...
surfinglawyers.wordpress.com
Was surfing a reef break recently and some dork kept paddling around people after getting sets.
Eventually i decided that paddling a few feet past me was unacceptable and that i was going. I did.
I burned him.
He straightened out and got wrecked. Rightly so.
I told him why I did it.
I should sue him for negligence.
Eventually i decided that paddling a few feet past me was unacceptable and that i was going. I did.
I burned him.
He straightened out and got wrecked. Rightly so.
I told him why I did it.
I should sue him for negligence.
Assumption of risk is one of my favorite legal doctrines, along with death by misadventure
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Redondo Beach, Hermosa Beach and Manhattan Beach each has a different law regarding bikes on sidewalks. In Redondo it’s legal.Is It Illegal to Ride Your Bike on the Sidewalk? – Each State’s Answer | Bike Law
We are a network of independent bicycle accident lawyers across the United States and Canada.
No California statute specifically allows or prohibits riding a bicycle on the sidewalk. According to California Vehicle Code Section 21206, local governments have the right to make their own traffic ordinances, including those that govern bicycles.
The following five California cities have banned cycling on sidewalks:
In Los Angeles, cyclists may use the sidewalks as long as they are aware of pedestrians and operate their bicycles safely. Additionally, LA cyclists must be cautious when passing in front of storefronts. Santa Clarita allows cyclists to ride on the sidewalks in most parts of the city, but not in business districts.
- Carlsbad
- El Cajon
- Escondido
- National City
- Vista
You can absolutely sue for the injuries you sustained. Negligent or not, they injured you. Whether they have insurance or money and you collect is a different story.
Like my old man used to say.... "you can't get blood out of a turnip" Miss him so much.
Clearly a conundrum arose from the incident at Mirimar Beach, involving wave riders Mark Olson and Patrick Saville. While the inherent perils of the "ocean's dance" are undeniably woven into the very fabric of the surfing experience, a line must be drawn between calculated risk and egregious negligence.
Mr. Olson, through an unfortunate collision, has sustained grievous bodily harm, and the question of compensation rightfully beckons. Here, I, a humble alumnus of Harvard Law School with over two decades of experience navigating the legal maelstrom, offer my erudite perspective.
While seasoned surfers understand the inherent risks, a tacit pact of sportsmanlike conduct governs the waves. Accidents, though regrettable, can occur within the bounds of this unspoken agreement. However, when one's actions demonstrably breach this compact, causing harm to another, the specter of culpability looms large.
Mr. Saville, in his pursuit of the perfect wave, demonstrably breached this social contract by "dropping in" on Mr. Olson, a maneuver widely condemned within the surfing community. Notably, the esteemed surfing legend, Shaun Tomson, himself a surfer notorious for his own propensity to "drop in" on others, even served as an expert witness in Mr. Olson's case, further solidifying the severity of Mr. Saville's transgression.
While the pursuit of passion is a noble endeavor, the potential consequences of reckless abandon cannot be blithely disregarded. We, as a fraternity of wave riders, must acknowledge the interconnectedness of our actions.
The inherent risks of the sport do not absolve individuals of responsibility when their conduct demonstrably results in another's suffering. Striving for just compensation in such cases does not diminish the inherent thrill of surfing; rather, it seeks to ensure a responsible and equitable environment for all participants.
Having spent over twenty years taming the waves on bespoke Ward Coffey boards, I intimately understand the intricate dynamics of this cherished sport. I have witnessed the ocean's splendiferous beauty in its moments of tranquility, yet also its formidable power. My legal acumen, honed at the prestigious halls of Harvard and further augmented by my daily aquatic endeavors at "J" north of Miramar, extends beyond surfing. As an avid cyclist, I meticulously maintain the physical conditioning necessary to navigate both the water and the open road, fostering a holistic understanding of athletic risk and responsibility.
In conclusion, while the responsibility of navigation rests upon each surfer, it does not absolve us from the responsibility to acknowledge and address legitimate grievances. Mr. Olson deserves fair recompense for the harm inflicted during what should have been a routine encounter with the ocean's embrace. This is not about stifling the camaraderie that binds the surfing community; it is about upholding the fundamental tenet of accountability when one's actions demonstrably infringe upon the well-being of another.
~Yours
Mr. Olson, through an unfortunate collision, has sustained grievous bodily harm, and the question of compensation rightfully beckons. Here, I, a humble alumnus of Harvard Law School with over two decades of experience navigating the legal maelstrom, offer my erudite perspective.
While seasoned surfers understand the inherent risks, a tacit pact of sportsmanlike conduct governs the waves. Accidents, though regrettable, can occur within the bounds of this unspoken agreement. However, when one's actions demonstrably breach this compact, causing harm to another, the specter of culpability looms large.
Mr. Saville, in his pursuit of the perfect wave, demonstrably breached this social contract by "dropping in" on Mr. Olson, a maneuver widely condemned within the surfing community. Notably, the esteemed surfing legend, Shaun Tomson, himself a surfer notorious for his own propensity to "drop in" on others, even served as an expert witness in Mr. Olson's case, further solidifying the severity of Mr. Saville's transgression.
While the pursuit of passion is a noble endeavor, the potential consequences of reckless abandon cannot be blithely disregarded. We, as a fraternity of wave riders, must acknowledge the interconnectedness of our actions.
The inherent risks of the sport do not absolve individuals of responsibility when their conduct demonstrably results in another's suffering. Striving for just compensation in such cases does not diminish the inherent thrill of surfing; rather, it seeks to ensure a responsible and equitable environment for all participants.
Having spent over twenty years taming the waves on bespoke Ward Coffey boards, I intimately understand the intricate dynamics of this cherished sport. I have witnessed the ocean's splendiferous beauty in its moments of tranquility, yet also its formidable power. My legal acumen, honed at the prestigious halls of Harvard and further augmented by my daily aquatic endeavors at "J" north of Miramar, extends beyond surfing. As an avid cyclist, I meticulously maintain the physical conditioning necessary to navigate both the water and the open road, fostering a holistic understanding of athletic risk and responsibility.
In conclusion, while the responsibility of navigation rests upon each surfer, it does not absolve us from the responsibility to acknowledge and address legitimate grievances. Mr. Olson deserves fair recompense for the harm inflicted during what should have been a routine encounter with the ocean's embrace. This is not about stifling the camaraderie that binds the surfing community; it is about upholding the fundamental tenet of accountability when one's actions demonstrably infringe upon the well-being of another.
~Yours