29r Posted February 5, 2009 Report Share Posted February 5, 2009 Just read this on the AHRMA website . How far can this go ??!! http://www.roadracingworld.com/news/article/?article=35263 Quote Link to comment Share on other sites More sharing options...
the addict Posted February 5, 2009 Report Share Posted February 5, 2009 (edited) Getting beyond a joke things like this, Track days are getting hit here from people signing disclaimers and being told in no uncertain terms before going on a track what your about to do is dangerous and could kill you but still the companies get sued. Off to buy some cotton wool!!!!!! Edited February 5, 2009 by The Addict Quote Link to comment Share on other sites More sharing options...
grahamjayzee Posted February 5, 2009 Report Share Posted February 5, 2009 The scourge of the 21st Century. My friend Phil Darbyshire used to run Tracktime Promotions; one of the largest trackday companies in the UK. Way back, someone tried to sue him when they fell off. He claimed that it wasn't made clear to him that wet grass offers less grip than the black bit and applied his brakes after running off track only to find himself in an earth/sky/earth situation. Phil successfully defended but said at the time (and made it clear at each and every briefing) that if it happened again he would close his doors. Needless to say, some ingrate who cannot accept the responsibility for their own actions looked for someone to pay for the wreckage of his own mistake. Phil again defended and being a man of his word, called it a day. The minority need to be aware that the majority will pay. We have lost a fine company and more will follow for as long as there are people who believe that the world owes them something. Let's all get on with hurting ourselves and accepting it as part of the sport we love! Graham Quote Link to comment Share on other sites More sharing options...
the addict Posted February 5, 2009 Report Share Posted February 5, 2009 (edited) Graham, I knew Phil, used to do alot of Tracktime days for testing, his pre track talk to the riders would have even the most experienced racers cacking their pants and debating whether to go out that day it was that bad(honest). I remember him telling me of that case,poor bloke had just about had enough of it and packed in one of the best track days companies in the country, bloody shame,give Phil my regards next time you see him mate Edited February 5, 2009 by The Addict Quote Link to comment Share on other sites More sharing options...
baldilocks Posted February 5, 2009 Report Share Posted February 5, 2009 Graham, I knew Phil, used to do alot of Tracktime days for testing, his pre track talk to the riders would have even the most experienced racers cacking their pants and debating whether to go out that day it was that bad(honest). I remember him telling me of that case,poor bloke had just about had enough of it and packed in one of the best track days companies in the country, bloody shame,give Phil my regards next time you see him mate you have let the cat out of the bag now Justin all this my 4RT is great patter ? It will be for track days, the rest of us are riding our bikes off road Quote Link to comment Share on other sites More sharing options...
the addict Posted February 5, 2009 Report Share Posted February 5, 2009 the Monts almost fast enough to do it as well Glenn Quote Link to comment Share on other sites More sharing options...
29r Posted February 6, 2009 Author Report Share Posted February 6, 2009 Brief scan of the AMA site , no mention . More I read it , the more it scares me . Michigan riders are aware of Brockways litigation , that easily could have resulted in lost land use . But this , .... I dunno , could have a far reaching affect on family offroad / sports participation of any sorts . Chrysler , even the Greenies could use this to their benefit . Am I Daff ? Quote Link to comment Share on other sites More sharing options...
zippy Posted February 6, 2009 Report Share Posted February 6, 2009 nope 29r not daft just properly paranoid. Too many people want somebody else to take responsibility for the actions that they willingly took. In this case yes it is tragic that a child has died. But look at it this way there are few children that participate in motorsports that do not want to. There has been growing regulations to "protect our children" from motorsports. I.E. certain size motors (cc) for certain ages. irregardless of the physical size of the machine, there are a lot of 12yr old boys too big for a 50cc bike or quad. There is a growing trend to slow or remove off road motorsport (quads and motorcycles) as an option. oddly enough it seems to be socially acceptable for snow mobiles to go wherever they like, even through your yard without permission. These motorized activities are considered to be outside the norm. The norm being team sports, Football, baseball, basketball, etc..... My son had 2 teeth broken playing little league baseball. Should I sue the organization for our dental bill? No we knew going into it there is a possibility of getting hit with the ball. How many high school kids have irreversible knee injuries from football? Make a law or regulation that affects those team sports to the extent of kids not being able to participate and stay way back cuz the crap will really hit the fan. Quote Link to comment Share on other sites More sharing options...
axulsuv Posted February 7, 2009 Report Share Posted February 7, 2009 Or will this just mean that folks with kids , (like me , All 3 under 15 and all have ama cards ) will have to buy the supplamental accident insurance the ama offers for our kids to compete or ride at a sanctioned location ...? I know from exp. some ins. co's ? what you were doing when you got hurt. I think the ama's insurance may not be a bad deal . And on the same note what ever happened to frivolus lawsuits getting throne out of court ... Case in point , burgler breaks into garage while no one is home , emptys house into garage , locks self into garage due to broken door opener and man door to house locking . Lives on potato chips and warm soda till the residents get home a few days later ... arrested on b&e . serving time , SUES homeowner and garage door opener mfg. and wins $$$!!! AFTER CONVICTION of B&E ! How do the crimanals sue john q puplic and/or the police and win ???? What is happening to the morals of our beloved nation ??? enough sat. afternoon rant ..................... Glenn Quote Link to comment Share on other sites More sharing options...
nigel dabster Posted February 8, 2009 Report Share Posted February 8, 2009 Isn't all the above and the decision in court based on the fact that these were commercial operations and not Trials? Quote Link to comment Share on other sites More sharing options...
the addict Posted February 8, 2009 Report Share Posted February 8, 2009 (edited) The worry is if this sort of thing migrates into our world, luckily for our sport serious injury is rare and I cant remember a rider being killed whilst competing, although I do think the indoor will have its day soon. I'm pretty sure Phil won the case for Tracktime as his pre track talks to riders and indemnity paperwork would make it a no hoper in court but the guy had enough of the being sued thing and what goes with it. His opening line at some of the talks was "if there's any Lawyers here **** off now" Edited February 8, 2009 by The Addict Quote Link to comment Share on other sites More sharing options...
zippy Posted February 8, 2009 Report Share Posted February 8, 2009 Nigel Dabster Posted Today, 02:05 AM Isn't all the above and the decision in court based on the fact that these were commercial operations and not Trials? It may have been at a commercial operation but there are some similarities. In MOTA We do pay a fee to a non-profit organization in order to participate, also we sign wavers before competing, (both adults and for minors) In the legal realm the Wavers are going to be considered the same if there are injury claims taken to court. Although I have not met anybody in trials that would consider their injury to be the fault of somebody else. Can you imagine the court case. "Your Honor this land owner has this huge rock that I just Had to ride over. I crashed and broke my leg. It is the land owner's fault that he had such an inviting rock. There was no reason what so ever for me to use common sense that I did not have the ability to ride that rock." Sad thing is mr. fictional guy would probably win a few thousand dollars. Quote Link to comment Share on other sites More sharing options...
kjax Posted February 10, 2009 Report Share Posted February 10, 2009 WOW! The fallout from this could change the motorcycle community as we know it. (Not to mention the precedent being set for other sports) For years we have grown and promoted our sport (all motorcycles) through our families and the young people who we meet along the way. These young people grow with us becuase they too enjoy the sport and they accept the risk of injury that comes with it. If this legal precedent spreads we will no longer be able to teach our kids how to ride trials, motocross or an enduro at an actual event since the property owners and promotors may choose to exempt anyone under 18yrs from participation due to risk of lawsuit. Insurance rates will skyrocket. Kids cannot sign a waiver (not old enough to sign a binding contract) and their parents/guardians cannot sign for them as they have no idea what is in their best interest (according to the Florida Supreme Court). So we will be relegated to teaching them how to ride in own backyards. OH WAIT! ... I forgot, We can't let them ride there either since the the local township enacted an ordinance that prohibits the operation of motorcycle because it may disturb our neighbors. (Ask Jeremy McGrath about that one). Remember gang, this also applies to non competitve trail rides, Poker Runs, Rallies and the like. Could this also include riding on government land??? (Not sure about that due to liability limits against the government.) Over the years, I have had numerous personal experiences with injuries as a promotor, father and rider. The extreme being the death of a friend doing what he loved and the least being minor scrapes and bruises. We all learned from these experiences. As intellignet and responsible individuals (even when were under the age of 18!) we adjusted our future behavior accordingly. I have never known anyone personally who filed a lawsuit for a motorsport related injury, but I have heard of many. We as a society need to take responsibiltiy for our choices and quit blaming others (or letting GREED cloud our vison) I FOR ONE, AM VERY UPSET BY THIS AND PLAN TO FOLLOW IT CLOSELY, AS I BELIEVE THIS COULD REALLY BECOME AN ISSUE OVER TIME. I already sent this link to over 100 people. Quote Link to comment Share on other sites More sharing options...
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