Strava, a GPS-based cycling social media company, has responded to a suit by the family of a deceased rider with a suit of its own.
On June 19, 2010, William ‘Kim’ Flint died while riding his bicycle downhill, allegedly trying to claim a ‘King of the Mountain’ record on Strava. On June 18, 2012, Flint’s parents sued Strava for wrongful death and personal injury.
Strava has now responded formally with a countersuit, saying that Flint “electronically signed and agreed to Strava’s Terms and Conditions,” thereby agreeing to “indemnify and hold Strava… harmless from any claim or demand.”
In the countersuit filed with the San Francisco Superior Court of California, Strava asks the court for reimbursement for its defense fees, such as attorneys’ fees, as well as the finding that Strava was not liable for Flint’s death.
On June 13, Strava updated its terms and conditions, further underlying that the company was not responsible for when, where or how riders choose to ride.
The countersuit claims that Flint was riding over the speed limit and on the wrong side of the road at the time of the accident.
“Based on the facts involved in the accident and the law, there is simply no merit to the Flints’ lawsuit,” said Strava spokesman Mark Riedy. “We have been forced to file a cross-complaint in response in order to defend our business.”