Hit and run by Jim's Mowing
- il padrone
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Re: Hit and run by Jim's Mowing
Postby il padrone » Tue Jun 26, 2012 8:18 pm
Stating the facts.
"An unjustified and unethical imposition on a healthy activity."
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Re: Hit and run by Jim's Mowing
Postby r2160 » Tue Jun 26, 2012 8:43 pm
That rider has some great skills. Glad they aren't hurt.
Hopefully something is done about the driver!!!
cheers
Glenn
"Pain is temporary. It may last a minute, or an hour, or a day, or a year, but eventually it will subside and something else will take its place. If I quit, however, it lasts forever" Lance Armstrong
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Re: Hit and run by Jim's Mowing
Postby zero » Tue Jun 26, 2012 8:44 pm
Its not a problem - the video clearly shows a hit and run event take place, and that is the community understood concept of a hit and run.Mulger bill wrote:Maybe I should edit the thread title to "Alleged" or "Possible". I s'pose a "YOUTUBE:" up front wouldn't go astray either...Oxford wrote:so what should he do, post it here and call it "accidental love touch from Jim's mowing franchisor"? do all (re)posted videos have to be renamed?
If I was to edit anything, I'd only change the Jims mowing to car with Jims Mowing trailer given that we know its a franchise business and we don't know whether even the franchisee was driving, let alone an actual Jims mowing employee/rep whatever.
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Hit and run by Jim's Mowing
Postby find_bruce » Tue Jun 26, 2012 8:58 pm
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Re: Hit and run by Jim's Mowing
Postby Sydguy » Tue Jun 26, 2012 9:24 pm
The police should arrest the guy, take him to the cells, bend him over... Ohh sorry this is a family forum.
The courts can do what they like but that driver will never share the road.
There is no cure for ignorance (tolerated in Australia).
JM
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Re: Hit and run by Jim's Mowing
Postby bollo » Tue Jun 26, 2012 9:32 pm
2012 Merida Scultura Evo 905
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Re: Hit and run by Jim's Mowing
Postby Mulger bill » Tue Jun 26, 2012 11:43 pm
Crucifixion's too good for 'im
London Boy 29/12/2011
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Hit and run by Jim's Mowing
Postby queequeg » Wed Jun 27, 2012 8:17 am
Sadly, I see this type of driver behaviour on a frequent basis. Firstly, motorists that have no spatial awareness or ability to read traffic and think ahead, and secondly motorists that will do anything they can to pass a slower vehicle (cyclist, truck, L-Plater).
The display in that video was willful negligence. Overtaking in a roadworks zone and then cutting across their path should see the driver docked a substantial amount of demerit points alone, but hitting the cyclist and driving off shows that the driver is not fit to hold a licence at all.
Hope the cops actually do something!
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Re: Hit and run by Jim's Mowing
Postby PawPaw » Wed Jun 27, 2012 11:05 am
Businesses need to know this sort of behavior is totally unacceptable, and will damage their corporate image and hip pocket.
Imagine how the good guys with Jim's Mowing franchises feel when they see galahs like this bringing the whole corporate image down.
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Re: Hit and run by Jim's Mowing
Postby exadios » Wed Jun 27, 2012 11:52 am
Unfortunately, given the title of the video (and this thread) the response may be a SLAPP.PawPaw wrote:I also sent a complaint to Jim's Mowing, and think it would be advantageous more people did so.
Businesses need to know this sort of behavior is totally unacceptable, and will damage their corporate image and hip pocket.
Imagine how the good guys with Jim's Mowing franchises feel when they see galahs like this bringing the whole corporate image down.
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Re: Hit and run by Jim's Mowing
Postby find_bruce » Wed Jun 27, 2012 12:15 pm
A Strategic lawsuit against public participation almost always involves a suit for defamation. As Jim's Mowing is a corporation, in Australia it can't sue for defamation and can only sue for the tort of injurious falsehood which requires proof that the statement was made with malice & the corporation suffered economic loss.exadios wrote:Unfortunately, given the title of the video (and this thread) the response may be a SLAPP.PawPaw wrote:I also sent a complaint to Jim's Mowing, and think it would be advantageous more people did so.
Businesses need to know this sort of behavior is totally unacceptable, and will damage their corporate image and hip pocket.
Imagine how the good guys with Jim's Mowing franchises feel when they see galahs like this bringing the whole corporate image down.
Whilst they may consider writing nasty letters, the risk for a corporation is the Streisand effect, whereby their response generates far more negative publicity than the original incident. Because there is video, a draconian response runs the risk of attracting the attention of drawing TV news coverage.
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Hit and run by Jim's Mowing
Postby ozstriker » Wed Jun 27, 2012 12:22 pm
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Re: Hit and run by Jim's Mowing
Postby jules21 » Wed Jun 27, 2012 12:26 pm
excellent point. this is made for TV. jim's will just batten down the hatches and ride this out - hopefully with appropriate apologies made to the rider.find_bruce wrote:Whilst they may consider writing nasty letters, the risk for a corporation is the Streisand effect, whereby their response generates far more negative publicity than the original incident. Because there is video, a draconian response runs the risk of attracting the attention of drawing TV news coverage.
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Re: Hit and run by Jim's Mowing
Postby gururug » Wed Jun 27, 2012 12:35 pm
Let it also be a reminder to keep aware of left and right, especially at intersections like this. The guy takes no evasive action at all.
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Re: Hit and run by Jim's Mowing
Postby ldrcycles » Wed Jun 27, 2012 12:37 pm
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Re: Hit and run by Jim's Mowing
Postby HAKS » Wed Jun 27, 2012 12:58 pm
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Re: Hit and run by Jim's Mowing
Postby newbikeorupgrade » Wed Jun 27, 2012 1:04 pm
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Re: Hit and run by Jim's Mowing
Postby PawPaw » Wed Jun 27, 2012 1:14 pm
I've been knocked off once and missed going under the rear wheel by mm's, and two very close incidents....and each time, my initial reaction was one of being frozen in disbelief that it is happening, hoping the motorist wakes up to what they are doing. Thousands of manhours of not being hit lowers your self preservation reactions.
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Re: Hit and run by Jim's Mowing
Postby Big_Red » Wed Jun 27, 2012 1:21 pm
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Re: Hit and run by Jim's Mowing
Postby cp123 » Wed Jun 27, 2012 1:32 pm
Same cyclist - another issue today. http://www.youtube.com/watch?v=Cx_PP85ZtMI&feature=plcp
I hope this guy doesn't go for the trifecta tomorrow....
Bloody hell i need cameras NOW!!!
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Re: Hit and run by Jim's Mowing
Postby longshanks » Wed Jun 27, 2012 1:35 pm
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Re: Hit and run by Jim's Mowing
Postby trailgumby » Wed Jun 27, 2012 1:44 pm
Exactly.PawPaw wrote:Ox, I agree. It's the unexpected that totally wrong foots you.
I've been knocked off once and missed going under the rear wheel by mm's, and two very close incidents....and each time, my initial reaction was one of being frozen in disbelief that it is happening, hoping the motorist wakes up to what they are doing. Thousands of manhours of not being hit lowers your self preservation reactions.
When I got taken out mid-December 2009, my first thought was "####! He's too close! " and by the time I'd finished that thought he'd already swerved left into me faster than I could react. Friction between the rear passenger door's paint and my bar end pulled my bars 45deg left. Splat. Rear wheel missed my nose by inches.
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Re: Hit and run by Jim's Mowing
Postby KonaCommuter » Wed Jun 27, 2012 1:50 pm
cp123 wrote:If anyone is interested - read all the comments on the Riot Act website posted above.
Same cyclist - another issue today. http://www.youtube.com/watch?v=Cx_PP85ZtMI&feature=plcp
I hope this guy doesn't go for the trifecta tomorrow....
Bloody hell i need cameras NOW!!!
From the video camera thread
Aushiker wrote:
at Highly Tuned Athletes. HTA is a great retailer in my experience. Very good after sales service.
Andrew
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Re: Hit and run by Jim's Mowing
Postby exadios » Wed Jun 27, 2012 2:02 pm
The usual tactic is for the corporation to fund an individual to bring the action. This is what happened to me many years ago after I made a complaint to ASIC about a company. However, corporations may sue for a type of defamation - its just that the standards are different.find_bruce wrote:A Strategic lawsuit against public participation almost always involves a suit for defamation. As Jim's Mowing is a corporation, in Australia it can't sue for defamation and can only sue for the tort of injurious falsehood which requires proof that the statement was made with malice & the corporation suffered economic loss.exadios wrote:Unfortunately, given the title of the video (and this thread) the response may be a SLAPP.PawPaw wrote:I also sent a complaint to Jim's Mowing, and think it would be advantageous more people did so.
Businesses need to know this sort of behavior is totally unacceptable, and will damage their corporate image and hip pocket.
Imagine how the good guys with Jim's Mowing franchises feel when they see galahs like this bringing the whole corporate image down.
Whilst they may consider writing nasty letters, the risk for a corporation is the Streisand effect, whereby their response generates far more negative publicity than the original incident. Because there is video, a draconian response runs the risk of attracting the attention of drawing TV news coverage.
One of the problems with invoking the "Streisand Effect" effect is that Jims Mowing is not Barbara Streisand. There are many defamation cases filed in Australia every year, the vast majority of of which you never hear of. So, unless the defendant has a method of invoking the effect, it is not relevant.
Another problem with relying on Streisand Effect is that, IIRC, that case was tried - in the US - which means that the defendant was able to write a check of about $50,000 and have it presented. But, even if the case had not gone to trial, which is what happens in most SLAPPS, the defendant would still have been up for a significant upfront cost. And, of course, it is a lot harder for a plaintiff to run a defamation case in the US than it is in Australia which is why countries such as Australia, Canada and the UK are regarded as SLAPP central.
Anybody who done business in Australia will have become aware that a certain portion of business leaders are, IMO, psychopaths. That is they have, among other traits, a high sense of worth and lack of judgment. For the Streisand Effect to come into play the potential defendant may be relying on such a person to know about the effect and his or her judgment that the effect will harm them. The Australian defamation laws are made for such people.
Of course I do not know anything about Jims Mowing. They are probably a very reasonable company and I certainly hope so. And they will probably look at the video and take the appropriate action. What I am trying to say is that it is not a good idea to make claims which cannot be supported by the video. What is in the video is bad enough.
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Re: Hit and run by Jim's Mowing
Postby exadios » Wed Jun 27, 2012 2:06 pm
In Australia it is the plaintiff that gets to decide what the defendant's words mean. So for the defense of truth to prevail the defendant would need to prove that the plaintiff had been tried and convicted of "hit and run". Do you see such a trial and conviction in th video?ozstriker wrote:There would be no lawsuit the video has undeniable proof
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