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am i missing something?

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ok..

anyone whos ridden/raced offroad or mx etc.. knows its dangerous. real dangerous...i dont understand how someone could sue the owner of a motocross track when the nature of it is, that the track cannot be prestine as far as conditioning goes. ruts, bumps, kickers on jumps, mud how can the track owner control these when they are created and destroyed every lap?

lawsuits are such a pain in the ass, everyones afraid of getting sued, i just wanan ride my bike :cry:

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Often times it's not the rider who sues its their family :cry: . I think most of us agree that people in general need to be responsible for their actions. :cry:

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Alright st3ve, picture this. You take a spill on a double, break your leg. EMT takes you to the hospital. A lawyer who specializes in personal injury montitors the emergency room activity or who reads the local newspaper sees your case come up. He comes to you and tells you, because of that track's poor design/construction, he can get you a miniumum of $20,000 cash because of the hardship you have to endure because of your injury. You can't go to school or your job for a few weeks.....

What's your call?

Would YOU sue your local track if you were guaranteed $20k? This money would get you a decent truck AND a new bike AND riding gear AND gas.

C'mon dude, 20 large ones!

Could you say no? :cry:

Most people can't, hence the lawsuits.

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Alright st3ve, picture this. You take a spill on a double, break your leg. EMT takes you to the hospital. A lawyer who specializes in personal injury montitors the emergency room activity or who reads the local newspaper sees your case come up. He comes to you and tells you, because of that track's poor design/construction, he can get you a miniumum of $20,000 cash because of the hardship you have to endure because of your injury. You can't go to school or your job for a few weeks.....

What's your call?

Would YOU sue your local track if you were guaranteed $20k? This money would get you a decent truck AND a new bike AND riding gear AND gas.

C'mon dude, 20 large ones!

Could you say no? :cry:

Most people can't, hence the lawsuits.

It's golddigging dirtbags like this that have shut down alot of tracks.

:cry::cry:

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Alright st3ve, picture this. You take a spill on a double, break your leg. EMT takes you to the hospital. A lawyer who specializes in personal injury montitors the emergency room activity or who reads the local newspaper sees your case come up. He comes to you and tells you, because of that track's poor design/construction, he can get you a miniumum of $20,000 cash because of the hardship you have to endure because of your injury. You can't go to school or your job for a few weeks.....

What's your call?

Would YOU sue your local track if you were guaranteed $20k? This money would get you a decent truck AND a new bike AND riding gear AND gas.

C'mon dude, 20 large ones!

Could you say no? :cry:

Most people can't, hence the lawsuits.

I'd say no. I wouldn't want my local track shut down so I can have goodies at everyone else's expenses. Call me stupid..i guess thats what being good and honest really is, going by todays morals. then again, if i sued a super market for a broken leg i'd gladly sue for 20 g'z..my rm needs new spinning rimz :cry:

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Often times it's not the rider who sues its their family :cry: . I think most of us agree that people in general need to be responsible for their actions. :cry:

True, John's laying in the hospital paralyzed from the neck down, Med ins running out the house is in danger of forclosure, car to be repossessed, CC cards, etc. etc. piling up because John's not working. Wife has no money, or place to turn for help, kids are hungry so most of the time people look to an attorney for a way out.

This is what a lawyer told me when I told him I let people ride on my private track, sorry but I had to stop letting people ride.

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but isn't that what waivers are for?

maybe skip the whole 20g and try to get in for free :cry:

I had waivers made up for my friends to sign. Lawyer told me, the wife and kids didn't sign and they'd be suffering from an accident if one occurs.

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I can and did turn down a "easy money" claim.

Last year I raced in Milford, CA at the WORCS race down there. Missed a gear going up the second part of the hillclimb. Bike instantly came to a stop as it was out of a corner. The three guys I was battlin with behind me had no where to go and basically used me as a berm; one of them running into the back of my right leg. I fell got up and rode a couple more laps to the point I couldn't stand the pain anymore. EMT's came and checked me out in my trailer and suggested that I had probably broken my tibia. They wanted to airlift me to Reno.... anyway to make a long story a bit shorter, I took the ambulance to Reno to the trauma center and got checked out. The ER doc looked at my x-rays and said that it was not broke and I just had some soft tissue injuries.

I took my xrays and went home. Spent the next week trying to rehab as the Elkton national (in my back yard) was the next week. Leg didn't feel any better but it certainly wasn't any worse. By this time I was walking very softly on it. My physicial therapist said he would tape it up for me and I would be able to ride. I did and had a pretty good ride finishing 12th on the day.

Two weeks later I went to the WORCS series in Longview, WA and raced there. Standing start on the throttle side, absolutely killed my leg when the flag dropped and I hopped on my bike, felt something snap and I was in pain. Made it a couple of laps and had to stop as the pain was the worst it had been.

Went home pissed and had another set of xrays done. Yep it was broke. Doc asked to see the Original xrays and wouldn't you know it was broke then too. And I also had a copy of someone elses xrays from the ER in Reno that night. Well the story got out and wouldn't you know here comes an attorney telling me how much money he could get me. He named everyone from the track owner to the hospital, the doctor, the rider that hit me, etc. I told him to go fly a kite as that is not my style. Accidents happen and we need to bone up when something happens. If you don't have medical, dental, short term and long term dissability, and some life insurance, then you really shouldn't be out there riding. Just my .02

Gold diggers make me puke! :cry:

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MXbob60

This guyis a big time loser, If I knew you I'd completely disassociate with you forever. You could sue me for 20 large after stubbing your toe on my coffee table also No way would I want to know a society sucking skum bag like, MXbob60. Let me quess, I bet you've spent a lot of time on work comp and unemployment also.

Re: am i missing something?

Quote:

Alright st3ve, picture this. You take a spill on a double, break your leg. EMT takes you to the hospital. A lawyer who specializes in personal injury montitors the emergency room activity or who reads the local newspaper sees your case come up. He comes to you and tells you, because of that track's poor design/construction, he can get you a miniumum of $20,000 cash because of the hardship you have to endure because of your injury. You can't go to school or your job for a few weeks.....

What's your call?

Would YOU sue your local track if you were guaranteed $20k? This money would get you a decent truck AND a new bike AND riding gear AND gas.

C'mon dude, 20 large ones!

I

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Flame,relax He's just giving an example of what other people might do. The last part about buying a truck and a new bike is stupid though because after suing(sp) NOBODY is going to let someone like that ride at their track EVER again. :cry:

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Reliese forms are not worth the paper they are on. As far as your local track/ play area you have to become a member with a yearly membership. When or if it come down to a question a suing because of you own abilities to ride or whatever, You are a member/ part owner in this place you can not sue yourself cut &dry.. :cry:

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Alright st3ve, picture this. You take a spill on a double, break your leg. EMT takes you to the hospital. A lawyer who specializes in personal injury montitors the emergency room activity or who reads the local newspaper sees your case come up. He comes to you and tells you, because of that track's poor design/construction, he can get you a miniumum of $20,000 cash because of the hardship you have to endure because of your injury. You can't go to school or your job for a few weeks.....

What's your call?

Would YOU sue your local track if you were guaranteed $20k? This money would get you a decent truck AND a new bike AND riding gear AND gas.

C'mon dude, 20 large ones!

Could you say no? :cry:

Most people can't, hence the lawsuits.

Dude, I hope you aren't "most" people. :cry:

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Here's my story, 4 Years ago my cousin's boss offered us the back 5 acres of his companies property to build a track. He owns a CONSTRUCTION company and we had 5 acres to build a shop and 10 mill worth of equipment right at the track. We spent 2 weeks building and shaping, now it was time to ride. Virgin track, virgin dirt no bike tires had ever touched it!! Well to make a long story short cross rutted on a small double and broke my Tib/Fib in 4 places.

Well I haven't even met the property owner yet and the ambulance is on its way to get me off the ground. I told my cousin to stress to Glen(his boss) that this will in NO way affect him or his company. Please make sure he understands that. I want this track here when I heal up. As soon as I got out of the hospital I went to his shop to introduce myself and put any concerns he had to rest. The track is still there and we still have 100% support from Glen.

Bottomline if your man enough to buy the bike and try the jumps be man enough to accept the consequences. Sue happy people should be shot along side of the lawyers who work for them. MIKE

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Not even a release form will protect the track owner if the shyster lawyer can prove negligence, like too many ruts from too little maintenance. When my track goes in I'm posting "no trespassing" signs, but I think even then a lawyer can claim it's an "attractive nuisance" if somebody gets hurt.

What boggles my mind is the juries that find for these gold-diggers :cry: On a related subject, anyone that hasn't heard of jury nullification should google it before going to jury duty.

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Reliese forms are not worth the paper they are on. As far as your local track/ play area you have to become a member with a yearly membership. When or if it come down to a question a suing because of you own abilities to ride or whatever, You are a member/ part owner in this place you can not sue yourself cut &dry.. :cry:

Both public and private attoneys here say that ultimately you can not sign away liability. When the injuries or losses are bad enough, the agreements are arguable in court. Whether they win or or not makes no difference, the attorneys get rich and the landowner pays. Most race track liability waivers get the owners away from a simple break or the nickle dime injuries you incur on the property.

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I doubt posting a home built track would help much. The key to an attractive nuisance defense is to prevent trespass. If you have done everything reasonable to keep people off, then you are as protected as you can be. So I think you would need to fence the track off and then post it as no trespassing. Swimming pools are fenced for the same legal principle.

I am not an attorney. But I have been deposed as an expert witness a few times for personal injury lawsuits. Once you see how badly someone can be savaged for any sort of oversight, you want no part of it. I have been raked over the coals as an expert witness even though I am a licensed professional, my data was indesputable and my testimony had no real bearing on the outcome. They made me sweat just for grins and to see if they could find a weakness to exploit.

Once you sit through a couple of trials you see exactly how juries find for the plaintiff. The attorney makes you look like Hitler's first cousin over a simple oversight or mistake. The jury doesn't know squat about MX or property rights. They only know what the attorney brings up in court. And attorneys get paid to make you look negligent and stupid to the jury. So what the jury ends up seeing is that some idiot built a track and then let someone get hurt on it.

Try this on for size:

Mr. MX, why did you choose to not fence your track?

I didn't think it was necessary because...

You didn't think about the safety of neighboring children?

Well I did, but didn't really have the money for a fe....

But you had the money to build the track and buy a motorcycle?

Well yes, but.....

But you didn't care enough about safety to put up a fence?

Well yes I did, but...

But what Mr MX? You did not and someone was injured because of your negligence!

But my track was poste.....

MR. MX, have you ever been to a professional motocross race?

Yes.

Did they allow free access to the track or did they have security measures?

They have security, but...

So you knew that your property should be secured yet you chose to endanger people?

Well no, I....

Mr MX, what exactly are your qualifications for designing a safe facility?

It was only for me.....

But you knew anyone could access your track, so answer the question. What formal training have you had in designing a safe racing facility?

I haven't had any formal training, but....

So you are not qualified to build a safe facility yet you built one and left it open for anyone to use?

No, it was just for me...

Then what did you do to prevent people from using your unsafe facility?

etc.

etc.

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Try this on for size:

Mr. MX, why did you choose to not fence your track?

I didn't think it was necessary because...

You didn't think about the safety of neighboring children?

Well I did, but didn't really have the money for a fe....

But you had the money to build the track and buy a motorcycle?

Well yes, but.....

But you didn't care enough about safety to put up a fence?

Well yes I did, but...

But what Mr MX? You did not and someone was injured because of your negligence!

But my track was poste.....

MR. MX, have you ever been to a professional motocross race?

Yes.

Did they allow free access to the track or did they have security measures?

They have security, but...

So you knew that your property should be secured yet you chose to endanger people?

Well no, I....

Mr MX, what exactly are your qualifications for designing a safe facility?

It was only for me.....

But you knew anyone could access your track, so answer the question. What formal training have you had in designing a safe racing facility?

I haven't had any formal training, but....

So you are not qualified to build a safe facility yet you built one and left it open for anyone to use?

No, it was just for me...

Then what did you do to prevent people from using your unsafe facility?

etc.

etc.

:cry::cry::cry:

My point exactly. Fencing 10 acres on top of the track construction isn't an option, so I guess I'll max out my homeowners liability and risk it. And nobody ask me where it's at either... :cry:

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I can and did turn down a "easy money" claim.

Last year I raced in Milford, CA at the WORCS race down there. Missed a gear going up the second part of the hillclimb. Bike instantly came to a stop as it was out of a corner. The three guys I was battlin with behind me had no where to go and basically used me as a berm; one of them running into the back of my right leg. I fell got up and rode a couple more laps to the point I couldn't stand the pain anymore. EMT's came and checked me out in my trailer and suggested that I had probably broken my tibia. They wanted to airlift me to Reno.... anyway to make a long story a bit shorter, I took the ambulance to Reno to the trauma center and got checked out. The ER doc looked at my x-rays and said that it was not broke and I just had some soft tissue injuries.

I took my xrays and went home. Spent the next week trying to rehab as the Elkton national (in my back yard) was the next week. Leg didn't feel any better but it certainly wasn't any worse. By this time I was walking very softly on it. My physicial therapist said he would tape it up for me and I would be able to ride. I did and had a pretty good ride finishing 12th on the day.

Two weeks later I went to the WORCS series in Longview, WA and raced there. Standing start on the throttle side, absolutely killed my leg when the flag dropped and I hopped on my bike, felt something snap and I was in pain. Made it a couple of laps and had to stop as the pain was the worst it had been.

Went home pissed and had another set of xrays done. Yep it was broke. Doc asked to see the Original xrays and wouldn't you know it was broke then too. And I also had a copy of someone elses xrays from the ER in Reno that night. Well the story got out and wouldn't you know here comes an attorney telling me how much money he could get me. He named everyone from the track owner to the hospital, the doctor, the rider that hit me, etc. I told him to go fly a kite as that is not my style. Accidents happen and we need to bone up when something happens. If you don't have medical, dental, short term and long term dissability, and some life insurance, then you really shouldn't be out there riding. Just my .02

Gold diggers make me puke! :cry:

I would sue the DR. in a heartbeat over this. The reason being is I had the same thing happen to me but it was my C-7 in my Neck that was broken. First trip to x-rays nothing broken....much pain and a week later..new DR. and guess what...he found out that my neck was broken. That first DR. could have cause more serious injury due to his negligence.

The track lawsuit is different. You KNOW their is risk, so why sue when the risk plays out on you. Suck it up and get back to riding. After my neck healed (almost a solid year later) I went back to riding.

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