Wednesday 22nd January 2003

Biker Sues for Race Crash Damages

Motorcyclist wants thousands after race crash left him in a coma

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[jimbro1000]

Sorry - but while I sympathise for this guy I am also disgusted that he should be trying to take the matter out on the people who try to help him.

Everyone who races at Cadwell knows it is a tricky circuit with little or no room for error - especially in the wooded section. If you crash it is either your own fault or that of the people you race with - not that of the organisers. You would have to go a long way to prove that it was a deliberate action by a co-competitor and if it was then a hearing would have already been held and the rider penalised.

It's like trying to sue the Queen because you drove into a barrier!

[woof]

tend to agree - although there are some circuits that are safer than others. I'd never race at Mallory for instance. I don't know the details but if for instance the injury was caused by someone doing something bloody stupid - like removin his helmet before the medical team got there, then he may have a point.

[Size Nine Elm]

My first reaction to this was that its crazy, 'motorsport is dangerous', so take what comes.
But...

Johnson's claim is based upon allegations of negligence, breach of contract and breach of statutory duties.

If there is a significant case on these grounds, which we can't tell from the report, then maybe there is a case.

[whatever]

I agree with Size Nine Elm. My first thought is "bad luck, but no claim": motorsport is (or can be) a dangerous thing to get involved in.

But it's not beyond the realms of possiblility that perhaps not everything was in place or done at the appropriate time or manner, therefore a claim may be justified.

I (for one) am now heavily biased against such claims, from having to watch so many ambulance-chaser adverts, but every so often someone will have a valid claim because another party has not fulfilled their obligations -- "duty of care". We don't know the full facts here, it will be interesting to see what they are when they become available.

[johno]

I was unfortuante enough to be stood oposite a start line incident at Cadwell 2 years ago when one guy was killed in the 250 race. As a circuit for racing motorbikes it could be alleged that certain areas are dangerous. In fact the BSB rounds were in dount after safety concerns were voiced by the top riders. The round did go ahead however.

I very much agree that the 'motorsport is dangerous' stand point is legally binding, and as an individual you have the capacity to dictate whether you race at any given circuit.

I do not know enough about this case to say whether or not Cadwell have been negligent. However I do believe there is an argument in law where if an accident has occured and could be prevented in the future, amendments should be made accordingly. Depending on the accident this may very well be the case ...

[Ballistic Banana]

My first thought was also well there is a certain amount of risk in this sport and surely these people Know that when taking part in racing.
Arent Tracks approved by someone and didnt he have a choice to pull out if he thought the track was dangerous.
I know they nearly cancelled Rockingham the other year due to no run offs (incidently where Hislop crashed).
As there isnt a full report on what he is claiming then it is hard to comment too much as it is all presumptions.

BB

[Nils Baker]

Are the marshalls covered under the circuits liability insurance?.If not you could have a similar situation to that in school rugby where masters who agree to ref matches for free are now no longer offering their services as a couple have been sued personally. I agree that as a rider you would expect a reasonable standard of care as after all you do pay to compete but its a big boys sport and that should never be forgotten, imagine if the families of all the marshalls killed over the years started sueing drivers/riders.

[loserkid]

This is the big problem - as soon as marshalls start being sued - here or in the US racing will be impossible. I've been tempted to do some marshalling etc as soon as this company starts running itself (soon please soon) but if theres any threat of being sued for someone elses mistake I'm out of there!

[james_j]

OK, we don't know the full details, but I feel that as a general principle, anyone who rides at a racetrack should know full well the possibility of injury or death.

To think that the greedy claim mentality has got onto the racetrack makes me sad and angry.

Anyone thinking of claiming for injury at a racetrack should get their arse kicked.

What the hell does anyone expect..when they fall off / crash, they might get hurt.

[markqelise]

This situation is not limited to motor sport, Rugby is likely to loose a lot of refs at lower levels ( non pro ).

Some git who broke his spine is sueing the ref for negligence over a technicality in that the ref did not call an uncontested scrum and the scrum collapsed and he broke his back.

If this guy wins he will destroy Rugby at the lower levels - its hard enough to get refs as it is - who's going to want to ref if you can be sued for thousands - Grow up Pal rugby is a dangerous game - you accept the risks when you play. same as motorsport - you screw up you have to live with the results.Think next time I have an accident I'll sue the council for building the road and also the car manafacturer as its their fault for building the car in the first place - Oh hang on while I'm at it I'll sue the family/estats of the bloke who invented the car.........