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pure contributory negligence

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kwdleo

Junior Member
I damaged a motorcycle while on vacation in NC. It was parked and I as an invited passenger placed too much weight on an armrest while trying to dismount. It broke and caused additional damage to the paint on the fender (a few paint chips). I offered to pay for reasonable damages incurred, but the person responsible for the vehicle has indicated damage will exceed $1000 for touch-up paint restoration in addition to the $250 part that broke. This bike belongs to someone away from the area and in the care of the party inviting me to ride as passenger. He also was made aware of my bad knees. I am over 6 feet tall and nearly 300 lbs. The passenger seat was not designed for someone of my size and the armrest does have a warning about excess weight, however it was on a label underneath the item and not visible to the passanger area. And since I was a passenger, my insurance company will not honor a claim.

If there was undo negligence on my part and contributory negligence on the party responsible for the safety of the equipment (if what is described is correct), what rights...if any do I have in paying more than reasonable damages incurred?
 
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LSCAP

Member
I would think that if I invited you into my car, or onto my motorcycle, and part of it “collapsed,” on you, I would be happy if you did not sue me.

I believe that the ‘friend’ is the person responsible for the bike and any damages, because he allowed someone else to sit on the bike.
Perhaps, the two of you can get together and satisfy the owner.
 

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