Posts
19
Joined
2/24/2012
Location
Angola, IN
US
What’s the right way? Waivers/ No Waivers?
Any moto lawyers on here?
Any moto lawyers on here?
The Shop
Also, I know it’s a risk. My track is 20 years old this year. The problem my old age is coming with wisdom and responsibility making me more and more nervous.
Everybody that rides pays an entry fee or due.
You can't sue your own club.
Never knew how true that is.
They have been sued twice by two members who sustained injury on the grounds.
The first guy was not successful because it was essentially accidental and there was no negligence on the club.
The second guy was successful and was awarded quite a large sum of money to cover the medical expenses from the accident. In this scenario, the club member was riding while the tractor was out discing and the rider hit the tractor. Basically, they said the club was negligent because they allowed a rider on the track while heavy equipment was present. The club had an unwritten rule not to ride while the track is being prepped.
This is exactly what happened when our club was sued.
If your insurance company is telling you that you have $50K in medical expenses that you must pay OR you can sue and not pay that $50K, which are you going to pick?
Friends aren't so friendly when staggering amounts of money are on the line.
Pit Row
If it is just for buddies couldn't you just have a statement that acknowledges that motorcycles are dangerous, jumping obstacles has risks and potential injury? You could have the riders sign stating that they acknowlesge jumping is not necessary (seeing as probably 95% of accidents happen when jumping) and that they take full responsibilty for their actions on the track and that any damage, or injurie's as a result of jumping is a result of their actions on the track, thus they are responsibke for any damages that result from jumping.
Additionally, I would think some kind of statement saying that they take full respobsibilty for their actions and have them agree (sign) to a statement that they would personally be held responsible to fight against any lawsuit from them, a spouse, child, parent, relative, friend or acquaintance against the owner or the track.
I'm sure there could be loop holes around these as well, but having the blame placed on the for any accient on the rider and having the rider be responsible for their actions(imagine that) and acknowledge so might help.
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