Lawsuit at Laguna that Could Affect Us
#1
Burning Brakes
Thread Starter
Lawsuit at Laguna that Could Affect Us
Just saw this: https://www.revzilla.com/common-trea...nd-club-racing
He was on a motorcycle but the issue applies to cars as well. It's troubling, but not surprising, that someone would sue in this incident. I will be interested in how this case is resolved.
He was on a motorcycle but the issue applies to cars as well. It's troubling, but not surprising, that someone would sue in this incident. I will be interested in how this case is resolved.
#2
Rennlist Member
Caught in the red mist...and the waiver doesn't mean ****. Sandbag scapegoat.
#3
Rennlist Member
I'm sorry the guy got hurt but c'mon. He ran out of track. I assume that if I go off pavement, I'm lucky if I don't get hurt and wreck the car. That's why I don't push it beyond my skill level.
It's a fun hobby. Not something worth dying or walking with a limp for.
It's a fun hobby. Not something worth dying or walking with a limp for.
#4
Drifting
Depends on how strongly the waiver is worded, whether there's relevant case law on one side or the other, the judge, etc. One can certainly sue even if they've signed a waiver, but prevailing is another thing.
I agree it does sound as if he may have had a bit of the 'red mist".
I agree it does sound as if he may have had a bit of the 'red mist".
#5
WRONGLY ACCUSED!
Rennlist Member
Rennlist Member
Join Date: Nov 2011
Location: Connecticut Valley Region
Posts: 14,443
Received 3,212 Likes
on
1,570 Posts
A few facts:
1. Anyone can sue anybody for anything at any time. Winning - that's the harder thing to do.
2. There is a world of difference between negligence and gross negligence. Trying to prove gross negligence is very difficult.
3. A waiver DOES mean something as it generally sets the standard at gross negligence which makes it much harder to sue. (See rule 1).
4. This sort of case is common at sporting events and people file lawsuits all the time (people get hit by a ball, puck, golf ball, etc.). It doesn't mean anyone collects.
5. "They even sued Mazda". First day of law school - "when in doubt sue everyone". It doesn't mean anything.
6. A crazy judge and jury can always provide a crazy result - that is what appeals courts are about. At the appeals court level the emotion of the case gets taken out and the cold facts of the case and the law are applied. Even if this joker wins at the trial court level it would most likely be overturned.
The only result is that perhaps tracks will think a little bit more about what they are doing in terms of safety, repairs, etc. Insurance companies may ask for a little bit more safety or rules here and there. Bottom line, if there is a risk someone is always willing to insure it. With cars getting safer and safer, and with new technology, the risk is going down.
Go about your business people - nothing to see here.
1. Anyone can sue anybody for anything at any time. Winning - that's the harder thing to do.
2. There is a world of difference between negligence and gross negligence. Trying to prove gross negligence is very difficult.
3. A waiver DOES mean something as it generally sets the standard at gross negligence which makes it much harder to sue. (See rule 1).
4. This sort of case is common at sporting events and people file lawsuits all the time (people get hit by a ball, puck, golf ball, etc.). It doesn't mean anyone collects.
5. "They even sued Mazda". First day of law school - "when in doubt sue everyone". It doesn't mean anything.
6. A crazy judge and jury can always provide a crazy result - that is what appeals courts are about. At the appeals court level the emotion of the case gets taken out and the cold facts of the case and the law are applied. Even if this joker wins at the trial court level it would most likely be overturned.
The only result is that perhaps tracks will think a little bit more about what they are doing in terms of safety, repairs, etc. Insurance companies may ask for a little bit more safety or rules here and there. Bottom line, if there is a risk someone is always willing to insure it. With cars getting safer and safer, and with new technology, the risk is going down.
Go about your business people - nothing to see here.
Last edited by LuigiVampa; 03-31-2018 at 12:18 PM.
#6
Rennlist Member
I recently did a few motorcycle track days and its like being in a car do not ride over your head. The guy that is suing is taking a beating on a lot of the MC forums. I think he lost one law suit already.
Trending Topics
#8
Rennlist Member
Unfortunately in this country, even if the plaintiff's suit fails, the defendant often faces financial ruin defending themselves
#9
WRONGLY ACCUSED!
Rennlist Member
Rennlist Member
Join Date: Nov 2011
Location: Connecticut Valley Region
Posts: 14,443
Received 3,212 Likes
on
1,570 Posts
In this case it is most likely the insurance company who will provide the lawyers. But even then you have to have your own attorney to keep track of the insurance company because their interest is not the same as your interest.
#10
Drifting
A few facts:
2. There is a world of difference between negligence and gross negligence. Trying to prove gross negligence is very difficult.
3. A waiver DOES mean something as it generally sets the standard at gross negligence which makes it much harder to sue. (See rule 1).
2. There is a world of difference between negligence and gross negligence. Trying to prove gross negligence is very difficult.
3. A waiver DOES mean something as it generally sets the standard at gross negligence which makes it much harder to sue. (See rule 1).
#11
Rennlist Member
He missed the Driver's Meeting and the accident was on his 10th lap. It's upsetting when someone does something that is grossly negligent (watch his line in the video), won't fess up to it, and decides to make everyone else suffer by punishing the organization.
However some of the comments were hilarious. I liked this one, "End of story, sandbag or not. It's not like there was a barbed wire fence or a rabid badger pit next to the track." I can't help but visualize where to put that rabid badger pit at my home track
However some of the comments were hilarious. I liked this one, "End of story, sandbag or not. It's not like there was a barbed wire fence or a rabid badger pit next to the track." I can't help but visualize where to put that rabid badger pit at my home track
#13
Rennlist Member
I did some track days at NJMP and Thompson on a bike. I knew the tracks from racing a car there. I also knew where on track things could get hairy if something did happen. I feel whether racing, hpde in a car or track day on a bike, you need to do your home work. If you are willing to push it then you need to be willing to deal with the consequences. Now if the other person crashed because of a school bus on track or tractor without any notification flags then id say he has a case. Lastly if you go to the track and plan on suing if something happens just stay home in your bubble
if you happen to be on FB look at some of the track day forums and the posts. people are out for blood lol.
if you happen to be on FB look at some of the track day forums and the posts. people are out for blood lol.