TymeSlayer
Tramps like us, Baby we were born to run...
Seems to me there was plenty of negligence on the rider's behalf. I wouldn't dream of missing a driver's meeting. To me it as important as any other safety gear you have on your ride.
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Apparently, this important safety briefing doesn't appear to be mandatory. Why is this? Why don't the governing race organizers mandate that if you miss the brief you don't race. BTW, how strictly enforced is attendence required for the pre-race briefing? Do you know?Seems to me there was plenty of negligence on the rider's behalf. I wouldn't dream of missing a driver's meeting. To me it as important as any other safety gear you have on your ride.
Having read the posts here, I am curious about how all posters here would feel if this accident occured to either them or say someone like your Dad or brother? Would you feel differently about this? There is no doubt this Kim guy is trying to milk the situation for everything he could. Sounds to me like the attornies are directing him. He is also milking this situation to benefit his business. But what would you do in his situation? Would you use this situation to benefit your business too if you could? Would you just accept what happened and move on?...even if you became a paraplegic?
After this case, expect a signature to be demanded to confirm attendance.
The key to this case is whether the track owner was negligent regarding being aware of the sandbag hazard and did he inform the event coordinators about it.
Chris,I disagree. As someone else mentioned earlier, the choice was sandbags or an even bigger erosion problem. Regardless, there would have been a hazard there and it is up to the drivers to decide whether they are willing to drive with that hazard. The track owner did exactly what they needed to do by taking care of the track. The event organizers likely did what they needed to. It is 100% the fault of the driver who accepted the risk. Unless there is a legal requirement that requires the track owner to disclose every possible hazard upon renting out the track, they are under no obligation to disclose anything. It is entirely up to the customer to do their due diligence.
Once the customer has signed that contract, that's it. Game over. You agreed to everything covered in it and acknowledge that you've accepted the risks, both known and unknown, and the track owner or event organizer is free from responsibilities that aren't outlined in the contract.
"I didn't know" is not a defense when the legal requirements for all parties involved are written on paper.
If it comes out that the track owner or event organizer was required to disclose all potential hazards, the guy might have a case.
What if instead of sandbags, it was a tirewall? Or a tree? Or Armco? A concrete wall? Chain link fence? A flagging station? Wild animals on track? Dry grass that will catch fire fall through spring? These are the routine hazards of the tracks I go to.
...he'll be sadly surprised when the track owner tells him to pound sand.
I hope that's the case for him AND his company. Then they'll never get the press they surely want.