Strava, the GPS-based social competition cycling website, has responded to the lawsuit filed against it in June of this year with a countersuit of its own.
The original suit by the family of William Flint, who died aged 41 in 2010 chasing a Strava KOM ranking on a descent in Berkeley, California, came on account of the family’s assertion that Strava assumes “no responsibility” for the safety of its users.
The family’s attorney, Susan Kang, said at the time, “They (Strava) don’t put cones out. They don’t have anybody monitor and see whether a course, or a specific segment, is dangerous.”
Strava’s initial public response, issued by spokesman Mark Riedy, asserted that, “Based on the facts involved in the accident and the law, there is no merit to this lawsuit.” That response now also consists of a countersuit, filed this week in the San Francisco Superior Court. The company denies each of the 26 individual charges laid out in the Flint family’s original lawsuit.
Strava, in targeting Flint’s father of the same name, says that Flint Jr.’s original electronic signature, given when he joined the website, “excludes Strava from responsibility of legal claims or demands,” according to an article on the website of Bicycle Retailer and Industry News.
The countersuit asserts that Flint Jr.’s death was due to his own negligence, and that Flint Jr. was, Strava claims, riding on the wrong side of the road and over the posted speed limit.
Flint Jr.’s GPS data indicated that he had been traveling 35 mph in a 25 mph zone.