who's bike is it and what happens if accident

[mind that cuchinni]

I own an 11 unit apartment complex in southern new mexico in a small town. One without any public transportation. Questions about lending bicycles to tenants and liability from that. A previous tenant living here left a bicycle here that other tenants use, but they have long gone and no longer live here. If other tenants use it am I libel? Should I tell current renters, I am not the owner, you use it at your own risk? Researching the idea of providing or lending bikes to people, I see it is one of the most risky things to do. People get in a bike accidents can say the bike was not properly maintained and sue and win very easily (and often win). Most legal forums and even websites with vacation rental stuff recommend property owners in usa against lending bike to anyone. People do sue others just if they think you have deep pockets. This is more of a problem in the usa than how the law works in other countries.

There is a bit more nuance to this question because I often attract inquiries from traveling nurses who want to fly in for short term rental and they are choosing between different cities to do their contract work or even apartments in the same town. Its also a town where many people are poor and cannot afford cars so they actually really benefit from the bike. If I say in an interview with a tenant that there is a bicycle that tenants use, here they might choose my place over other places. I could say some of the tenants share bikes with each other. In actuality currently I sometimes only have a few weekend airbnbers and maybe one or two apartments rented to people on month to month agreements with high turnover as I fix up the place. So it is clear to others that the original owner of the bike is not living here and it is just a bike sitting there against the wall.

How to I prove the bike is not mine, or does a bike just being left on the property end up legally being seen as mine? How is ownership determined from left property? Also side question as I have 24 hour video and audio surveillance in my parking lot only recording outside. I also have posted signs "being on the premises you agree to be recorded". That I researched is legal. It happens that a lot of conversations with tenants outside are recorded. So if there is any conversation about the bike outside where I describe it to a tenant or airbnber as "That bike was left here by previous tenant and so at this point people use it as communal property ride at your own risk" I have some record of that conversation if later it is needed.

I know laws are meant to protect people, but some of the laws in this country make it very hard to do anything neighborly without a lot of risk to oneself. Even if a bike is well maintained it is easy after an accident for someone to claim it was not maintained and people win those cases. A person's accident due to their own negligence or the negligence of a driver could cause injury to themselves and others at exorbitant costs and the person suffering from injury is seeking money to pay for their medical expenses.
Bicycle rental insurance might protect me some but it has different tiers of protection at different monthly prices. that insurance is mostly geared for bike store rental places that really do bike maintenance that are professional in their care of bikes. Even if I could get such insurance those who have experience in dealing with an insurance company might know often when trying to get compensation for claims sometimes insurance companies are very hard to collect from. they often not pay and do everything they can to make it hard to get compensation.

So Im wondering about these things and how to protect myself in worse case scenarios.

 

[adjusterjack]

If other tenants use it am I libel?

That's liable, no libel.

Yes you could be liable. At least most certainly sued by an injured person which would be a costly defense even if you were ultimately absolved of liability. Your liability insurance on the property should cover you for claims like that. But to avoid claims like that, get rid of the bike or take it home for your own use.

Should I tell current renters, I am not the owner, you use it at your own risk?

Won't prevent a lawsuit by somebody they injure with the bike. Besides, "telling" means nothng. You would need their signatures on a document and even that's not perfect.

Researching the idea of providing or lending bikes to people, I see it is one of the most risky things to do.

It is.

So Im wondering about these things and how to protect myself in worse case scenarios.

Get rid of the bike. Period. Full Stop.

I am a retired claims adjuster and I have spoken.

 

[mind that cuchinni]

That liable, no libel.

Yes you could be liable. At least most certainly sued by an injured person which would be a costly defense even if you were ultimately absolved of liability. Your liability insurance on the property should cover you for claims like that. But to avoid claims like that, get rid of the bike or take it home for your own use.



Won't prevent a lawsuit by somebody they injure with the bike. Besides, "telling" means nothng. You would need their signatures on a document and even that's not perfect.



It is.



Get rid of the bike. Period. Full Stop.

I am a retired claims adjuster and I have spoken.

Thanks Ajuster Jack, Very clear. Its exactly why I post because I would never understand how these laws work. This is worst case scenario thinking, which is what claims adjusters deal with right?

But I have another idea. What happens if I give or sell the bike to my friend who sometimes visits and stays here in NM, but resides most of the year in Denver. And so he is the owner and he registers the bike with the Denver police department as owner of the bike with serial number (which they do in Denver, but they do not do in the city Im in). So then he personally locks it here with his own combo lock that only he knows the combination to. Then if someone wants to borrow it they have to email or message him for permission and the combination. Thus it establishes the bike is not mine and he is the owner giving permission. He and I already spoke about me giving him that bike so he could lend it to others staying here before when he was staying here because I felt afraid of lending it to others. He sometimes stays here for a few months. He is on a fixed income veteran with disability and has no deep pockets and not the owner of any properties. So not the type of person a sue happy person would try to sue. Or what if my friend buys a different bike and then registers it and leaves it on my property.

So in that case If there were a bike accident, then can the tenant still somehow sue me (along with my friend) or have me involved in a lawsuit? the Tenant would have to think I was the owner or that I have ownership to even think of suing me? So once again the Tenant or guest first had to email or message my friend to ask permission to borrow the bike? So the only thin I see that involves me is that my friends bike being stored and locked on my property and I initially am the one to mention to the tenant, "oh by the way, my generous friend sometimes lends his bike so you can ask him for his permission). I will not have the combination. he has to give the combination and his written permission to the person.

Maybe the answer is my friend can sue me if this person sues them? I have known this friend for 20 years and I trust they would not sue me, and the bike is maintained anyway as my friend is also a mechanic and was fixing airplanes in the army. So he could actually maintain it.

Thanks for your help

 

[mind that cuchinni]

I also want to add, my friend has a spiritual side of him that always wants to provide things for others. He would be happy to lend the bike and also maintain it. Putting a bike in a place where people need it is exactly the kind of thing he likes to do. That is why he would agree quickly to such an idea. Other countries do not have the same rules for lending bikes like USA, and so the idea is how to do this in a way that helps people but not causing risk of being falsely sued in situations where it is easy to fault someone else. It cost money to be sued and from what I research it is very hard to prove in court that a bike that ended up mangled in an accident was well maintained.

 

[Just Blue]

Thanks Ajuster Jack, Very clear. Its exactly why I post because I would never understand how these laws work. This is worst case scenario thinking, which is what claims adjusters deal with right?

But I have another idea. What happens if I give or sell the bike to my friend who sometimes visits and stays here in NM, but resides most of the year in Denver. And so he is the owner and he registers the bike with the Denver police department as owner of the bike with serial number (which they do in Denver, but they do not do in the city Im in). So then he personally locks it here with his own combo lock that only he knows the combination to. Then if someone wants to borrow it they have to email or message him for permission and the combination. Thus it establishes the bike is not mine and he is the owner giving permission. He and I already spoke about me giving him that bike so he could lend it to others staying here before when he was staying here because I felt afraid of lending it to others. He sometimes stays here for a few months. He is on a fixed income veteran with disability and has no deep pockets and not the owner of any properties. So not the type of person a sue happy person would try to sue. Or what if my friend buys a different bike and then registers it and leaves it on my property.

So in that case If there were a bike accident, then can the tenant still somehow sue me (along with my friend) or have me involved in a lawsuit? the Tenant would have to think I was the owner or that I have ownership to even think of suing me? So once again the Tenant or guest first had to email or message my friend to ask permission to borrow the bike? So the only thin I see that involves me is that my friends bike being stored and locked on my property and I initially am the one to mention to the tenant, "oh by the way, my generous friend sometimes lends his bike so you can ask him for his permission). I will not have the combination. he has to give the combination and his written permission to the person.

Maybe the answer is my friend can sue me if this person sues them? I have known this friend for 20 years and I trust they would not sue me, and the bike is maintained anyway as my friend is also a mechanic and was fixing airplanes in the army. So he could actually maintain it.

Thanks for your help

If you are so concerned about potential liability...why not NOT lend the bike. If tenants need a bike, they can get their own.

 

[adjusterjack]

The further you get from ownership and control of the bike, the less are the chances that you can be found liable for somebody's injury arising out of the use of the bike.

However, lawyers will name anybody who is even remotely connected to the instrument of their client's injury.

Upon learning of the "arrangement" you would likely be listed as a defendant.

He is on a fixed income veteran with disability and has no deep pockets and not the owner of any properties. So not the type of person a sue happy person would try to sue

Don't count on it. When people get seriously injured by the negligence of another, they sue.

I have known this friend for 20 years and I trust they would not sue me,

Don't count on that either. He gets crippled for life on a defective bike that you provide, you can bet he will sue you.

Get rid of the bike and get rid of the notion of providing a bike for the convenience of your tenants is a good idea, no matter how convoluted the arrangement is. It's a problem waiting to happen.

Your additional paragraph doesn't change anything.

Get rid of the bike.

 

[mind that cuchinni]

Thank you so much adjuster Jack. your advice is very clear and shows just how much I do not know how lawyers work, having for m 1/2 century of living never been involved in all but one legal case where I evicted someone and won easily. So your information is vital for someone uneducated and inexperienced like me helping me make much more informed and better decisions. "However, lawyers will name anybody who is even remotely connected to the instrument of their client's injury....Upon learning of the "arrangement" you would likely be listed as a defendant. " is the clearest advice given of why I will now not do the above idea.

And what I will do is walk over to the store a friend told me about in town that does fix bikes and has bike rentals and see if they give me a kick back for referrals. Then I will refer my airbnb tenants, guests and also work traders that there is a bike rental in town.

"Just Blue" I understand your logic, I also have guests who stay here with registered volunteer and international worktrade websites and others who are short term workers who likely cannot afford to just buy things, this is a poor town. At the same time my posting the question came from both sometimes knowing nurses who do short term stays for like 3 month contracts with a hospital or the VA are sometimes interested in staying here and contact me but then after more research they do not choose to take contracts in this town because it has no public transportation. And although I usually take worktraders who have cars, sometimes I take some of them who do not and then wish I could provide transportation. What i might be able to do is help pay for their bike rental from the established bike shop.

 

[Zigner]

It sounds like you really want to be able to get bicycles to these folks. You would be wise to get an attorney to write up a sales agreement, then sell them the bike(s), with them signing said agreement. The attorney will know what should be included in the sales agreement to help you avoid liability for accidents. As was mentioned above, it won't absolutely prevent you from being involved in some sort of legal claim in the future, but it would help you avoid liability.

On second thought, after re-reading your post, I realize you are most interested in the bike being a way for you to attract renters who might otherwise rent elsewhere. It would be smarter for you to simply say nothing about the bike. If a bike is abandoned on your property, then you should treat it as you would any other trash that gets dumped on your property.

 

[adjusterjack]

And what I will do is walk over to the store a friend told me about in town that does fix bikes and has bike rentals and see if they give me a kick back for referrals. Then I will refer my airbnb tenants, guests and also work traders that there is a bike rental in town.

Telling your tenants that there is a bike rental in town is fine. Getting a kickback puts your name in the transaction.

Picture the bike rental owner sitting for a deposition (under oath) for a lawsuit involving a serious injury to a customer. Call him Mr R and the injured person Miss M and the attorney Mr A and you Mr X.

Mr A - Mr R, Miss M said that your store was referred to her by Mr X. Is that true?
Mr R - Yes, that's true.
Mr A - Did Mr X receive any remuneration from you for that referral?
(At this point Mr R has to decide whether to perjure himself. He's the one getting sued. What do you think he will do?)

I take some of them who do not and then wish I could provide transportation. What i might be able to do is help pay for their bike rental from the established bike shop.

Again, puts your name in the transaction. Not a good idea.

Remember, attorneys look for any and all sources of money for the injured client, no matter how remote.

Selling bikes, while a plausible solution, exposes you to liability for a defective bike that could cause injury or death to a rider or other people. For that you will need to buy products liability insurance which likely won't be cheap for what might be considered a hazardous product.

What you might consider is becoming a part time Uber driver. You'd be covered by Uber's liability insurance while you have a passenger. Your desire to help your tenants is solved and you make some money.

Meantime, get rid of the bike.

 

[FarmerJ]

Good odds that a local church would be happy to accept the bike and when you speak to them start out with `I am aware there are people in the community who do not have cars and I would like you to give this to someone who can get around with it . Then your done with it and if a tenant ask where it is tell them what church has it and to contact them.