Upgrade to enjoy this feature!
Vital MX fantasy is free to play, but Premium users receive great benefits. Premium benefits include:
- View and download rider stats
- Pick trends
- Create a private league
- And more!
Only $10 for all 2026 SX, MX, and SMX series.
i can tell you as matter of fact that those waivers are worth A HELL of a lot more than the paper they are written on.
Captain Scott McDonald
Captain Scott McDonald began the Phoenix Fire Academy in 1999. He tranferred down from Flagstaff Fire Department after having worked for them for seven years.
He began his career on the Phoenix Fire Department on Rescue 3. He was promoted to Captain in 2006. He was a Captain on Engine 33 for nearly five years.
Scott is married and has three teenage boys.
More here:
http://www.myfoxphoenix.com/dpp/news...afety-06242011
and here:
http://www.azcentral.com/news/articl...alls-abrk.html
and here:
http://www.ktar.com/?nid=6&sid=1428112
This guy is quite the hypocrite, isn't he??
The Shop
Free shipping: VITALMX
Luxon 4-Post Bar Mounts
$189.95 - $239.95
DeCal Works Huge Plastic Inventory of UFO and Polisport kits.
Fucking shame.....one guy can ruin it for everyone.
The kid and his dad are in the wrong in my opinion and they do need to take responsibility rather than looking to pass the buck.
I searched Google lightly and found this supporting the above:
'It’s a basic legal principle that minors don’t have the legal capacity to enter into contracts. The basic idea is to protect young people from themselves, and from those who might take advantage of them. The law therefore presumes that people under 18 simply don’t know enough to be held legally liable on contracts. It doesn’t matter how bright or capable a minor may actually be; minors are legally incompetent if they’re under 18.'
So I would say the father has a valid reason to sue the track. There was negligence on the tracks part. A lot of you will probably say it doesn't affect me so that's why I take the son and fathers side. However, when you're running a business that has proved time and again that this is likely to occur... You have to have a plan or figure out a way to cover yourself. We've seen time and time again that contracts don't do that. So then what do you do? Start paying better wages to employees to make sure these things are being checked, develop software and a system that makes it a lot more full proof? I don't know. Just a few ideas but things that should be considered.
If the track sold alcohol and tobacco and they sold it to the minor, who is at fault and who is legally responsible. Yep, the track.
I don't like it either that the track was sued. But this attitude is not eating away at society. This is the law.
What if your dad was poor and you were severely injured and you could not pay. Your dad forbid you to race but some evil track owner did not verify your age and enabled the child to do exactly what the parent had forbid and now you are a quadriplegic? . . You sue the track. First, the track should have insurance for such occasions. One problem is some tracks don't, well who's fault is that? The track owner, you are taking a big risk without insurance. If the track has insurance the cost could go up substantially and drive the track owner out of business... why? Because the track owner was negligent and did not verify the age of the child.
But I will say this, there are some huge hypocrisies in our legal system. You cannot drink until you are 21because you don't have the sense to make that decision yet, YET you can make the decision to go to war? Can you say hypocrisy?.. I knew you could.
A boy lies then the father sues a track owner, yet if that child were to kill someone, he would be tried as an adult... but he cannot be tried as an adult making another dad decision. Can you say hypocrisy?.. I knew you could. But since it is just money, it is not important that the child affects thousands of mx riders instead of killing one individual.
But it is a law. I know the org I worked for a number of years ago, you had to sign their legal document in front of a notary and your license and age was checked. They covered their butts just as this track owner should have done. In the end, it is the track owners fault.
And your comment about dad being poor and not being able to pay for this type of thing. I still would not sue because my son would not be riding if we were poor enough that we couldnt afford to pay for medical bills/insurance that goes with the sport. And I would also know where the hell my kid is and what he is doing.
Lazy mans way out in my opinion.
I'm no attorney (I can't afford the pay cut) but I'd require an annual notorized waiver from the parents of all minors, proof of the health insurance for all riders, and a valid photo ID as well for anyone that enters the track
I'd probably require something similiar from spectators. Or at least a signed waiver (w/ valid ID) stating that they will stay off all vehicles and the tracks while spectating and are fully responsible for their own actrions.
I'd also enforce some sort of reasonable sound restrictions 'cause some of these 4 strokes are darn right painful to hear ride by.
It sucks to go thru all of that and it raises all of our costs but this is the world we live in.
Just curious as to what resurected this thread from back in August?
Pit Row
As far as what resurected this post, not sure. I dont remember it back then. But then again I am still a NOOB.
Motocross is like a drug, like say tobacco or alcohol. The track owner is a drug dealer of moto but he can only deal to adults and to children who have permission from parents with huge consequences for trying to create a contract with a child (Judge Judy would rock your world in court, she may even call you stupid
But because the track owner wants to make more money he l decided to overlook the age limit. They have no mercy on 7-11 for selling alcohol or tobacco to minors. The fault clearly lies on the track owner. Not only is it his fault, it is his legal responsibility to protect himself. And if he doesn't he opens himself law suit, and that is what insurance is for, and if you don't have it, you are putting your business, and possibly your personal finances in a bad situation.
You may not sue, but that is your right, but others have the right to sue for negligence or trying to make a contract with a child. That is the way the law works.
People ususally love the law when it suits their purpose, but they cry foul when it does not suit them. Bet you don't know where your kid is if you and your wife work. You assume they are at school but you really don't know.
You are right, you don't get it, even if those words are in the document it makes no difference to a minor because they can't enter into a legally binding contract, meaning, nothing that is in print that they sign means anything because they don't have the ability legally to do that.
Personal responsibility is important. But if your 5 year old daughter plays with matches, burns down your house and kills your wife and son who fell asleep watching a movie in the process. It your daughter responsible? I would say no because she is not old enough to understand the concequences of her actions.
You wife was in the house sleeping and you were in your seperated garage working on your bike when your daugter did this. Is it your responsibility for what she done? In other words are you responsible for your wifes death? Were you negligent? No.
But someone has to rebuild the house and bury the dead, that is what insurance is for. That is why tracks have insurance, for when they are negligent.
Your insurance company decides they are not going to pay to have the house rebuilt because you were at the house and they feel you just wanted it to burn down. Do you sue the insurance company? Bet you would.
Your kid grabs a loaded weapon and shoots someone.....do you sue the gun company who built the thing? NO......we are just a "sue the fuck out of everyone" type country that goes hand in hand with the laziness and obesity that has ruined this fucking country! Nobody wants to work for anything any more.....and everyone wants to pass the blame to someone else.
That in a nutshell is what is wrong with this country!
Everyone wants something for nothing. Those parents should be held liable for letting their kid out of their sites in the first place. You know God Damn well his parents knew the kid was riding ( maybe not that specific day ).....but they friggin' knew the kid was riding.
Was the kids dad at the track that day? If he was , and I was a judge.....I'd first give him my condolences , then throw the fucking book at him. You want to sue an MX track? Maybe you should of kept a closer eye on your kid! Take some responsibility!
Need to know the whole story before blaming anyone on those deals.
p.s. Nice job of getting Carlosmacho all worked up. Not bad for a NOOB .... laugh
Post a reply to: One of our Local tracks closed over law suit