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Edited Date/Time
1/27/2012 9:15am
Just wondering
Seems to come up a bunch and I agree the main responsibility is the riders.
So when if ever is it ok to sue ?
What if someone left a piece of equipment on the track or someone Vandalized the track ?
What about letting Quads ride with Bikes or worse Mini bikes ?
Seems to come up a bunch and I agree the main responsibility is the riders.
So when if ever is it ok to sue ?
What if someone left a piece of equipment on the track or someone Vandalized the track ?
What about letting Quads ride with Bikes or worse Mini bikes ?
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Wow, that's ironic. The pics in that thread look like they are from Tomahawk, WV. I am going riding there tomorrow.
I also broke my femur in '03 on the jump that pack of bikes is about to hit. And no, I didn't sue!
Pretty much this.
If it was impossible for the injured party to reasonably foresee the problem and those in charge of the facility could have reasonably prevented the problem, then a lawsuit could be justified. The issue is what is reasonable.
If you see something (a giant sinkhole, a huge tractor parked right next to the track, quads practicing with minibikes, naked Mexicans sleeping on the face of a jump, whatever) that you think is unsafe but choose to ride anyway, that factor is just another assumption of risk. You can pack up and go elsewhere, you can complain about the situation, or you can take the chance.
I read "Shouldjubukkakeme"
Just sayin'.........
By the way - a guy sued a track down here in Houston in (if memory serves) 1999. It has finally come to a head and, believe me, the track owner wound up with nothing, the injured party wound up with nothing, and the local riders have one fewer track to ride on now - and the track in question was my personal favorite, a track I've been riding for over 30 years, and which is almost hallowed ground to me. It's closed now and there's a distinct possibility that it'll never reopen. The moral of the story is, if you wake up in the hospital with a lawyer telling you you're gonna get rich suing a track - throw him out of the room with whichever arm remains unbroken.
In lawsuits like that, where there's no insurance company to provide a deep pocket (and often even if there is insurance because the insurance probably won't pay off), nobody gets anything except a few lawyers.
I don't know for sure, but I think that was leased property - I wasn't thiking of that one, I was thinking of Gator MX in Willis and one other that I'm sure you know about. And of course the one that closed after such a long legal battle was our beloved Rio Bravo. Nobody really knows whether it'll ever open again, and that's a crime against motocross history. And, frankly, all for nothing.
[b:2isfe3su]Rider error, such as RC 16, is never a reason to sue.
Bike malfunction is never a reason to sue.
Obstacle is never a reason to sue[/b:2isfe3su]
I do think track owners need to use their noodle too. Some are far better than others. If you see/ hear about injuries due to a track outline (example spikes) or practice procedure (mini bikes with big bikes) change the procedure. Lead and use common sense.
98% of it is the riders responsibility.
It is a great question that you asked but I will reply with my own as I always have.
If you didn't think it was dangerous, then why did you put a helmet on before you went out there?
Why not exactly? Explain.
[/quote:d9thkkie]
Way too many politics for that to have happened.
Maybe some day, the truth will be told 100% regarding that whole deal.
Like someone once asked, "What if it had been RC and not RR that hit a quad on the track during practice?". You bet your ass the end result would have been much different.
Pit Row
Sorry for the late notice, but the track owner just called me and the Rio cleanup effort will begin this Sunday.
For all you Moto fans of Rio, this is the begining of Rio's resurrection. Come out Sunday startting at 8am, bring any tools, open trailers, mowers, weed-eaters, bush-hogs and muscles. There will be no riding, so don't bother bringing your bikes.
When you get there, look up Brian Darnell. He will be heading up the restoration project and is the man in charge.
You won't believe the plans these guys have for the place. The good news is, the new owner is a rider, is a very successful businessman so he has the resources to get the job done.
Now, let's show Houston we're behind the oldest track in America.
LET'S RIDE!!
Next question please...
take responsibility for the situation u put urself in or take ur chances with natural selection. end of story.
If the track owner decides to disk the track in the middle of a moto, get a lawyer.
Otherwise it's not ok.
There is Never a reason to sue a track..... if they are disking in the middle of a moto, pull off, or pass the john deere.... if the owner is shooting at the riders with his 30-30, pull alongside a D rider till you are out of range....
if you wanna be 100% safe, stay at home and watch ESPN2 all day.... if you wanna race... check out the track, and either pay your money and race, or load back up, and check out a different track next time....
Blind jump + tractor= lawsuit. Very nearly had it happen to me, and you bet your ass I would've sued.
Other examples are eluding me, but the hot track and tractor thing sticks out.
Other than that, ride at your own risk.
I was at a race one time and one of the guys on the track crew decoded to keep watering during a moto. This guy was completely soaking the whoops and a guy came through the section got sprayed in the face and crashed his brains out. Broke his collar bone and his left wrist. The guy was laying there in the whoops so they had to red flag the race. I could understand that guy wanting to sue.
That’s a very tough question Jay
Post a reply to: is it ever ok to sue a Track ?