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In the sport of motocross, an owner/operator of a track has a duty to minimize the risk of a coparticipant crashing into a second coparticipant who has fallen on the track. Providing a warning system of some sort, such as caution flaggers to alert riders of a fallen participant, would assist in minimizing the risk of riders colliding with one another. If a rider received adequate warning of a fallen rider on the track, then the rider could change his or her course to avoid the fallen rider. Further, providing a warning system, such as caution flaggers, would not alter the sport, because it would not prevent riders from jumping and traveling at high speeds, rather it would provide the riders with information so that they could alter their course as necessary. In sum, we conclude that the owner/operator of a motocross track has a duty to provide a warning system, such as caution flaggers, to alert other riders of a fallen participant on the track.
The record also includes the declaration of a motocross safety expert. The safety expert declared that the common practice for motocross tracks is to have caution flaggers at their assigned posts at all times, whether the track is being used for racing or practicing. The safety expert declared that the lack of a caution flagger at the platform near RIDERS accidents, was “inexcusable, a blatant disregard for riders' safety, and criminal.” The safety expert also stated that not having a caution flagger on the platform “greatly fell below the standard of care and custom and practice established in the motorcross industry.”
In this example, what should be the outcome?
At 133 degrees for 15 seconds 3rd degree burns...
At 140 degrees for 5 seconds 3rd degree burns...
(According to the National Burn Foundation)
And the documents showing 700 claims in a 10 year period??? Ummm whats that work out to 1.4 people per state in 12 months time (or .1 person per month per state) over a ten year period. When they serve what some 30 to 40 million per day...
At some point people have to start accepting responsibility for their own actions (which i would hope includes sticking a cup of coffee between any part of your legs whether its 135 or 190)
Hell I cant stand that place.
Just think people should take more responsibility for their own actions.
WELCOME TO THE GARDEN STATE!!!!
The Shop
It is probably more along the lines that people don't want them in their backyards...........
The corporations need to take more responsibility for their own actionss!
What I am trying to say is that if she hadn't stuck something between her legs that would burn her this would not ha.,ve happened.
along with noise and price of property (rent, lease, purchase)
I am curious as to exactly what experience you have with litigation in the motocross business?
The end game was that McDonald hasn't really reduced the temp of their coffee, but did upgrade their warning that hot coffee can burn you and you need to be careful with it if you buy it to drink in the car.
Go figure.
The guy that sells the stuff likes to sell it hot.
I'd bitch if it wasn't, and I know others would also.
And he as a businessman must see that.
If he has to change the packing a bit to maybe help a few morons out, so be it.
Should he have done it sooner, before the accident?
In this case, I say no, it's common knowledge that coffee, soup, even some sauces can be hot.
She was just careless, got burned for it , and want's someone else to pay.
I got multiple letters from my insurance company asking for details. I was young at the time but caught on to the "tone" of the letters. They wanted to go after someone. I don't remember exactly what I wrote but it was along the lines of "It was my fault, I am not going to sue". Well long story short.... they went bankrupt and I got stuck with some of the bills.... sucked but what are you going to do?
Thing is... like others have posted... sometimes insurance companies go after any means necessary to recoup money they shell out.
On another note... I have gotten older and slower... to the point I actually signed up for the "C" class last week at e-town cause I thought maybe I was too slow for the "A - B" class. What a mistake. These beginners were really beginners in the sense that they had no idea how to hold a line.... slamming on the brakes up the face of some of the bigger jumps... etc.... I will never sign up for the "C"; class again. I will just be the slow guy in the fast class that the other riders should easily find their way around cause I am very steady and predictable.
The track has the easiest time getting out unless they did or made something unusually dangerous for MX standards.
I once handled a claim involving a gal that was driving her car when a golf ball broke her car window and she crashed into several people. There was a lawsuit against her, our insured (the golfer) and the course. The Golfer was actually liable (not the course) and we defended him under his homeowners policy. (Look there for coverage =(( lawyer to defend you)) though they may deny because of motorized vehicle involvement).
The last thing I would check is see what kind of an area you are in..for instance western washington very liberal and juries hand out money even when there is little liability. Eastern washington very Conservative and judges and jury tend to tell folks to pound sand-
I am no lawyer but if you need general tips PM me-
Pit Row
Thats an exciting difference from the my neck, my back, I want 3k bullshit that rolls in every hr every day-
Most if not all of these time and money consuming issues never see the light of day in a courtroom, they are not tracked as a lawsuit but they still exist, are analyzed and often negotiated and settled costing lots of money.
Trust me bud trust me-
Liab only is probably pretty cheap- and or if you have an umbrella (check policy) but I suspect your good-
Thanks for posting sorry for all your trouble.
Post a reply to: one Motocross rider suing another and our Local Track