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It has been stated that the session the kid was out in was for 50cc only yet the track let a bunch of 85's out there. How is that the parents fault ? Yes as parents we know the risks of riding but when a track makes a decision at the last minute to allow something like this when it should be a 50cc only practice than I think they are liable. That is a decision that the track made on this day , the parents sent their kid out for a 50cc practice not a open practice.
Like it or not, warranted or not, there are going to be lawsuits from activities where get hurt, especially if they pay someone to do it. Don't judge that for the sake of this point; it's going to happen.
Then ask yourself, if 12 jurors who don't know the sport are asked whether x was a reasonable way to operate my track, how will they answer? That's a good way to do self risk management. "If I could do X or Y, and Y would a reduce a risk, would someone think I was unreasonable for choosing to do X instead of Y"
Whatever people in the MX community think, I think 12 regular folks are going to have a hard time not dinging someone where little kids are active at the same time larger or more skilled riders active. That's an issue that's going to a jury. There may be an issue of contributory negligence on a parents part, but it's still going to go to the jury.
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Juries get to decide who's ultimately responsible. Just a cold, hard fact whatever one's opinion.
This is bullcrap. MX is a dangerous sport. The kid could've got landed on by another 50, and we wouldn't have heard squat about it. When we let our kids ride, we knowingly put them in harm's way, and we should take every step possible to reduce the risk of injury, or we should be fully accountable.
The only reason I'm saying anything is because these people are trying to deflect the responsibility to someone else. Take a good read of the waiver you sign at the track you ride on. Every single waiver I ever read is pretty damn clear: it's a dangerous sport, and I'm a voluntary participant.
I think everyone can help with that,If my son come's up to a little kid that is not supposed to be out there he get's his attention and help's escort the little kid off the track.I alway's thought the fun of a local track was the friends you have at the track and everyone should help.
By no means am I saying it's either one's fault, Do I think the parent's should sue the track? no,, But I just think when somthing like this happens It's not our place to blame anyone.
But the issue becomes when the conduct is something that demonstrates indifference to a risk that's apparent, especially if the risk is the product of operations decisions. A waiver might help you if you hire an experience person to control access to the track for practice and you have procedures to separate riders who almost anyone would say ought not be on the track at the same time, but after all of that someone misses a kid still on the track and lets the adults out. It stillm may be negligent to have made that mistake, but subject to a written waiver.
I doubt a waiver is going to help much if your practice is to take $30 and not supervise whose on the track when, especially if there is a history of the type of injury taking place.
I'm not trying to get into the personal responsibility debate, I'm just trying to lay out the reality of it. Tracks are going to get sued in any event. If track owners don't manage their risks and the well-being of their riders with common sense, then those lawsuits (and their insurance companies) are going to regulate their behavior with large judgments. That's a business reality track owners need to take into account when they decide how they are going to run their tracks and the fees they are going to charge to pay to do it right.
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