Lawsuit from a Panigale Rider

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Well, as a track day provider myself, I cringe when I see this. The reality is, it's not the racers who think they need to sue when they crash, it's the newbies. I have people call asking about track days, and more often than you'd guess, I get questions like "What kind of insurance do you offer if my bike gets damaged at your event?" or "I assume you provide health insurance for injuries if I get injured while I'm there?" I think our society is SO litigious that many people automatically assign liability for their action to anyone other than themselves. Knock on wood we've never been sued, but I've had people talk about it, especially after events involving other riders. Some will take responsibility for their own actions, but they have a really hard time accepting that when you're on the track with other people, someone else may make a mistake that takes you out as well, and that liability is also yours and not the other rider. Track days are basically "enter at your own risk" events. If that changes and there is external liability assigned due to lawsuits like this one, it's over. The insurance costs are already sky high to put events on, if that doubled we'd be done.
 
Dunno why so many seem shocked. Afterall, majority of individuals share the same middle name......Sue! At fault or not, that's the first thing majority of individuals will try n do. This dude should get a smack in the face and get his m1 license revoked, just for being a tard.
 
Dunno why so many seem shocked. Afterall, majority of individuals share the same middle name......Sue! At fault or not, that's the first thing majority of individuals will try n do. This dude should get a smack in the face and get his m1 license revoked, just for being a tard.

Yeah a double cheap ... pimp slap at 300AM by his boofoo ..... ... skirt wearing Appletini drinking Tossed Bollocks lipped He-She "partner"
:eek::eek::):D
 
Kim will have an argument, pivoting around "Duty of care". But, he did sign a waiver, and failed to full fill his contractual obligations by not attending the briefing. Short answer , he shouldnt have been out there.
 
With that case thrown out of the Ducati Forum Courthouse , reviewing the footage , i'd be a bit disappointed with the maintenance of the track run off . one would have thought that after the sand bags served their purpose the run off would have been graded back to an acceptable standard.

You would think Ducati would have the Multistradas enduro mode setting below Wet setting, piss poor again Ducati !!
 
Wow! That’s BS but so true in America. If they smell money, they’ll sue ya!
 
1 he messed up big and ran off the track, its on him
2 if he had known what he was doing he could have ridden over a sandbag, its on him
3 there are lots of things you can run into, or not anything, on all tracks and hurt yourself bad, if you can't take the heat stay out of the kitchen.
 
So if sandbag wasnt there, there would be a drain/rut etc to hit instead.


Guess it will get to the stage where you wont be able to take a road bike on a track again unless its a race bike.

My Track had a guy lose a leg track day ride a few years ago. The club had to do no Passing - unless on main straight, and break-out lap times for a number of meetings untill they were cleared and changed some writing in the Clubs operating procedures.
 
I will probably receive a ration of .... for this but oh well, here goes..

I think a lot of people are missing the point here. I don't side with the figure being asked (i think its ludicrous) but the sandbags should not be in place after they've served their intended purpose.

So what if he took the corner wide? so what if he's a noob? you all can call the events leading up to the crash whatever you want...thats beside the point. that runoff area is intended to be just that....a run off...for error. correct me if im wrong but it is not intended to include mine fields, vert ramps, ditches or dare i say it.....sand bags. it seems pretty clear to me that his suspension was not set up for sand bags and very clearly aided in him getting tossed over the bars and royally ....... him up.

This is not your run of the mill "oops i laid my bike down and hurt myself". there is an entirely different dynamic here.
 
Some virtue in all of the above, but and this is the but , this will ultimately lead to more senarios where ....... there was water laying on the track, or there is still oil on the track from the car day, or that wall was to close for a run off , or that part of the track is exposed to high winds, or how come the paint on the kerb is slippery on your track, or .... I hit a kangaroo (happens in Australia, yes on track), or I hit a goose exiting the corner ( actually saw this happen last ride day! Cape Barren geese have a wing span of 6 ft, so no small issue, and are always at Phillip Island and mysteriously disappear the week before Moto GP . See where this all leads to.
 
I have been to tracks where on the gravel run offs (especially on fast turns) they purposely make undulations in the gravel to stop cars. That would result in the same experience as this guy if a motorcycle were to run off. I dont think the track operators should have responsibility for clearing the run off areas but they should allow a walk-the-track session for people who are there for the first time, so they can examine the asphalt quality and hazards at their own leisure.
 
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A big question is, at the riders meeting before the first lap was turned were they told about the locations of the sandbags. It was pointed out he skipped the meeting. If at the meeting it was discussed and he was not there, then double ...... to him.
 
The way HSE is these days, you would probably find that the organiser would
still be negligent due to letting him ride at all without attending the briefing,
and also their subsequent failure to have a system in place to ensure this control
measure was in adhered to.

The debris in run off areas will be a separate point .

Its a sad state of affairs that there is so much litigation these days. It really is a business,
all by itself.
 

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