Midwest Track Owners Beware!

Oklahoma
pixel isn't the track owner. He was just passing the info on.

Oh, okay. :ride:

The track owner can not get involved in these conversations for fear of legal recourse.It is up to us to try to keep this from happening again

Just a Conformation on insurance BS., a few years ago my wife fell from her horse and took a trip to the doctor. First they wanted to know who's horse it was, then who's land and if it was our land we should contact our home owners policy holder, they were liable due to it being a accident on the property. As it happened we were on BLM land and with that they paid the bill.

Just a Conformation on insurance BS., a few years ago my wife fell from her horse and took a trip to the doctor. First they wanted to know who's horse it was, then who's land and if it was our land we should contact our home owners policy holder, they were liable due to it being a accident on the property. As it happened we were on BLM land and with that they paid the bill.

Right on, and with a broken femur an ambulance was more than likely called so the info on where the accident happened would now be available to an insurance company.

shane simon.jpg IS this the Shane Simon we are looking for?

I just read about this. The guy is a douchebag. What Okla track did this happen at? I want to pass this along to the people that sell permits to the crosstimbers riding area to not sell this jerk a permit.

i dont understand y people get sue happy when they get hurt.. there are risks involved in the sport if u cant afford to get hurt this is not a sport for u and u can go hangout in the bleachers and watch...

http://www.midwest-racing.com/2009/district_17_fights_for_the_kids.htm

this also upsets me... if it werent for motocross id probably would of been in alot of trouble growing up.. thank god this didnt pass.. even though i guess there trying to pass it agian this year...

Perfect example of how a few people can make a big difference. We might tragically loose a few riders now and then but look at the benefits of keeping our kids off of drugs and out of trouble. Dirt bikes give me motivation and focus of something exciting to do . When I plan a ride I work twice as hard at work to get things done so I can leave early. Halls cycle has shined lately and makes me proud to do business with them. This is why we need to keep this thread going because I guarantee you it will make a difference.:ride:

I broke 4 ribs & told the Dr. I tripped over my Lab puppy in the deck. She looked at me (knowing we ride/race) and asked me if that's the best I could do. LOL Yep, that's it. I know it sounded lame, but didn't want to throw anyone under the bus. It's just too bad that we can't have riding areas sign a waiver & know we are riding at our own risk. Goodland it extreme NW Kansas basically in the Kansas,Nebraska & Colorado corner. Tracks in those areas need this info to.

anybody know simons address?, i'll send him a few hay bales so he will shut up

You gotta hate it when people sue after signing a waiver... but...

There's the issue of strict liability.

http://en.wikipedia.org/wiki/Strict_liability

This facet of law defines the realm where a person (the track owner) "should have known better" regardless of how informed the other person (i.e. the guy who signed the waiver) may be. For motocross track owners, this means that if a track owner is negligent* in providing what a resonable person would understand as a reasonable level of safety on the track that they're buying a license to ride on (and in paying you to ride, you've entered into a contract with the rider and provided him/her said license to use the track for a certain period of time), then the track owner could be found negligent regardless of whether or not a liability waiver was in force.

The "interesting" part about strict liability is that it does not mean that the track owner had to do anything "wrong" other than an accident happened and the track owner "should have known" that something like that could have happened and then "should have" taken whatever steps were reasonably possible to have prevented said accident in the first place.

This could be something like having *waaaaay* too many bikes on a track to be safe, not having a working phone to call 911, inadequate PA system volume, too few spotters, poor track lighting and running races at night, or perhaps not having any (or enough) hay bales to separate traffic.

So, IF you "should have" provided hay bales (or some other means of protection) for riders, but didn't, and a reasonable person running a track would have or should have known to provide said hay bales (and would therefore have done so), then the rider might have a case.

That said, it might not be a bad idea to go out and take pictures of other tracks that the rider is riding at and see if they don't have hay bales. If he's still riding on tracks without bales, then I would expect that the court might view that as him trying to get hurt so he could sue track owners while continuing to knowingly riding on what he has already defined as dangerous track conditions. :ride:

*in this usage, "negligent" doesn't mean that the party did something criminal. It just means that "something else" should have been done, or in the wikipedia case of a tiger getting out of the cage: the party is liable simply because of their undertaking (owning a tiger), regardless of having to prove "fault".

Edited by davidl9999

if they knew no hay bales where out there, then why did they ride...

Good info. Unfortunately all true. I have talked to a lot of people lately and the reason we have so few tracks and places to ride is because someone decided to sue. I found out there was a place called Lake City that closed down because of this. I think that if we get the word out and maybe a list , letting people know that if you sue ( you are done ridding).:ride: Heck, we should make a list of people who did get hurt at a track and did not complain and give them brownie points.

Edited by old man dave 59

I had a friend that told me if he got hurt while just practicing he was going to sue the track. I told him i would never take him to a track again. I have buddies who have their personal track and refused to let him go with no matter how much he asked because of what he said. Didnt want him to ruin the fun i have. I know if i get hurt its on me. I chose to ride, you didnt force me to

Heck, we should make a list of people who did get hurt at a track and did not complain and give them brownie points.

Never been hurt at a racetrack, but I must really suck at bike riding, walking up and down stairs, and chasing the kids around, since I seem to get hurt a lot doing those things.

So if a under age kid is riding a bike that is not even his at your track, And he hits someone.. it is the other persons fault????????? wouldnt the track owner have the brain to maybe call the person that got air lifted off your track??

Get you facts straight... You don't even know the story.To put all this information about him on the internet is bull shit and should not be happening. Maybe you should put yourself in his shoes....dont talk shit until u know him and the whole story...

So in the mean time why you are putting all of his info on the net think about how he might feel???

Lets see here. When did you start riding?When do most kids start riding, about 5 ,7 or 10 and where did you ride? So Now lets not let any body ride until they are 18 and do not let anyone borrow a bike to ride. What planet did you say you were from. Sorry your reasoning does not make any sense. Try again because we are all listening.:banana:

Would you like to see a picture of my compound fracture of my right wrist that I got when I had to make an adjustment in the air on the grandstand jump to miss a younger rider at Midwest Extreme park.

well thats not the point....the point is old man dave you dont know the story of what happened...so you should stay out of it....instead of ruining being able to ride anywhere for someone...its jacked up.

Yes, I do agree. I do not know the whole story. The truth may bring out a whole different perspective of this. I do not know the track owner and have never ridden there, I JUST HATE TO SEE THIS HAPPEN. Lawyers are greedy and money is exchanged for stupid reasons. We are loosing riding areas because of frivolous lawsuits and it needs to be stopped. If I was a track owner I would have a picture and a note of shane to make sure I did not get sued.

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