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Are there any attorneys on this board? Legal exposure question.

Started by DEVINC, October 08, 2009, 03:40:12 PM

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DEVINC


Gixxerblade

Quote from: Super Dave on October 09, 2009, 05:31:27 AM
Race tracks and racing organizations have been sued.  Successfully.  Most individuals are honorable folks that recognize the risks involved in what they do and where they go.  However, this is not always the case. 
It is usually the family of a deceased racer that tend to sue tracks and orgs, right?

Super Dave

Quote from: Gixxerblade on October 09, 2009, 01:37:13 PM
It is usually the family of a deceased racer that tend to sue tracks and orgs, right?
Yes. 

Like Don said, one would have to "prove" gross negligence.  And I use proof in quotes as it is certainly civil where it's doubt not beyond a reasonable doubt.  I know of a few law suits that have been won.  They have left me scratching my head at the reasoning at times.
Super Dave

Ducmarc

check a few months back we hashed this out allready. hasenda's in the yuctan are going cheap. the track days seem to be where the civil action is they got money

K3 Chris Onwiler

I got taken out.  There was multi-frame photographic evidence.  That guy is one of my best friends now! :cheers:
The frame was snapped, the #3 rod was dangling from a hole in the cases, and what was left had been consumed by fire.  I said, "Hey, we've got all night!"
Read HIGHSIDE! @ http://www.chrisonwiler.com

Woofentino Pugrossi

Quote from: K3 Chris Onwiler on October 13, 2009, 12:49:30 PM
I got taken out.  There was multi-frame photographic evidence.  That guy is one of my best friends now! :cheers:

Even T-shirts of it also.:biggrin:
Rob

CCSForums Cornerworking and Classifieds Mod

JCP636

I'm a lawyer, don't shoot me... :)   I haven't looked into this at all, but I can tell you that if you can prove that more likely than not someone behaved recklessly and that reckless behaviour was the cause of your injuries, then there is no waiver in the world that will protect that person from liability in the U.S. Legal system.  Also there is the idea of assumption of the risk in sporting events. You assume the risk of any injuries that occur in the normal course of the sport. That should cover most crashes. But that has not been the case however in some extreme cases, such as a hockey player hitting another player over the back of the head with a hockey stick, because that isn't in the normal course of the sport. But as we know, crashes happen all the time in racing and people make mistakes, so unless there is some outrageous conduct you would not be able to recover for a racing incident.
Some may never live, but the crazy never die...

ccs#188

2old2fat2slow

Thanks to:Lithium Motorsports, Vondari Racing, Continental Tires of North America, Absolute Cycle, RaceConti,Next Level Motorsports, Mize Mobile, Vortex, Woodcraft

DEVINC


Woofentino Pugrossi

Quote from: 2old2fat2slow on October 20, 2009, 08:54:35 PM
Shoot the lawyer!!!!

We are trying to make a lawyer season between the 2 deer seasons in WI.:biggrin: No bag limits either.:biggrin:
Rob

CCSForums Cornerworking and Classifieds Mod

JCP636

Quote from: DEVINC on October 20, 2009, 10:07:23 PM
Thanks for the input JCP.

You goin to Homestead?
No problem. Probably not going to Homestead. I actually live in Philly, I was just down in Florida for the past month. Heading back north on thursday. I'll definitely be back down for Daytona in March though.
Some may never live, but the crazy never die...

ccs#188

JCP636

Oh and to everyone else, just be warned, I shoot back... :) haha
Some may never live, but the crazy never die...

ccs#188