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Old 10-16-2014, 08:29 AM   #21
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Originally Posted by ArkansasDave View Post
It says that you assume all risk and all responsibility. I'm not very good at lawyer speak but it seems to be that by saying that you can't blame anyone else but yourself.
I know what it says. It protects the organization, the staff, and the track owner, but it doesn't waive liability against other riders, in other words one rider is not protected from being sued by another rider.

I think it's a bogus suite, but still, Josh is probably going to incur legal fees, meaning he'll probably have to pay at least a retainer fee for a lawyer.

Did I break that down in manageable parts for you?
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Old 10-16-2014, 08:31 AM   #22
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If there were to be a judgememt against me, my assets are protected. Everyone's are in Texas. Your personal property is exempt. My credit however would be ruined. If I were to ever sue someone in the future, that money would go towards this judgememt first before I received anything.
I understand, my point is that you're an avg working dude and "extreme"is not a mega corp.


Guy is not going to get a lot of $ , he may win , but collecting is another thing.

But it will/can set a very bad precedent
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Old 10-16-2014, 08:31 AM   #23
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If there were to be a judgememt against me, my assets are protected. Everyone's are in Texas. Your personal property is exempt. My credit however would be ruined. If I were to ever sue someone in the future, that money would go towards this judgememt first before I received anything.
Good luck buddy.
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Old 10-16-2014, 08:37 AM   #24
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"I voluntarily on my own assessment of my ability, the track, and track conditions, assume all responsibility and all risk."

"I cannot hold Extreme Motorsports Track Days, its sponsors, its volunteers and corner workers and track facility or any other person responsiblefor injury or death resulting to myself or my property at any event."

Those two parts right there make me think that it is all 100% on yourself and no one else. Am I wrong? I know the other parts only say extreme staff but there it says any other person.
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Old 10-16-2014, 08:39 AM   #25
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You can sue for anything
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Old 10-16-2014, 08:49 AM   #26
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Old 10-16-2014, 08:51 AM   #27
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Quote:
Originally Posted by ArkansasDave View Post
"I voluntarily on my own assessment of my ability, the track, and track conditions, assume all responsibility and all risk."

"I cannot hold Extreme Motorsports Track Days, its sponsors, its volunteers and corner workers and track facility or any other person responsiblefor injury or death resulting to myself or my property at any event."

Those two parts right there make me think that it is all 100% on yourself and no one else. Am I wrong? I know the other parts only say extreme staff but there it says any other person.
It would be better if the waiver included "any other participant, or "any operator of a motor vehicle on the track property" since it's specific about naming others involved like sponsors, volunteers and corner workers.
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Old 10-16-2014, 08:59 AM   #28
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It would be better if the waiver included "any other participant, or "any operator of a motor vehicle on the track property" since it's specific about naming others involved like sponsors, volunteers and corner workers.
So in lawyer speak you can't do blanket statements like I assume all risk and responsibility and I can't blame any other person? I know you can't leave any holes in waivers but it seems like a blanket statement is perfectly clear that only you are responsible.

Btw I'm not trying to be a and argue, I genuinely want to understand this better as I am a frequent track rider.
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Old 10-16-2014, 09:05 AM   #29
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Originally Posted by ArkansasDave View Post
So in lawyer speak you can't do blanket statements like I assume all risk and responsibility and I can't blame any other person? I know you can't leave any holes in waivers but it seems like a blanket statement is perfectly clear that only you are responsible.

Btw I'm not trying to be a and argue, I genuinely want to understand this better as I am a frequent track rider.
It's better to be a specific as possible otherwise they could have left it at "any other person" without naming the categories of folks that are at a track day.

A waiver helps you defend a lawsuit, but it's doesn't protect you from the time and expense of having to defending one. The dude is suing the track day organization and James Gould (whoever that is) as well.
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Old 10-16-2014, 09:12 AM   #30
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Old 10-16-2014, 09:25 AM   #31
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Fyi, complainint is local Houston guy, young, looks mid 20s, polish. Lol
Yea. So he gets a mulligan, maybe. Young, not wise... may even still think he's a democrat. But who's the doucebag lawyer that didn't advise him against this kind of litigation? I'll bet his sorry took it on contingency.
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Old 10-16-2014, 09:37 AM   #32
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My guess, he's looking for somebody to pay his medical bills

Prob didn't have med ins., yet rode the track
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Old 10-16-2014, 09:39 AM   #33
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But who's the doucebag lawyer that didn't advise him against this kind of litigation?
Scott A. Hooper of Scott Hooper Law Firm in Houston

houston lawyer scott a hooper

http://www.shooperlaw.com/attorney-profiles.htm
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Old 10-16-2014, 09:40 AM   #34
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My guess, he's looking for somebody to pay his medical bills

Prob didn't have med ins., yet rode the track
It still blows my mind that there are people out there that are stupid enough to do that.
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Old 10-16-2014, 09:41 AM   #35
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It's better to be a specific as possible otherwise they could have left it at "any other person" without naming the categories of folks that are at a track day.

A waiver helps you defend a lawsuit, but it's doesn't protect you from the time and expense of having to defending one. The dude is suing the track day organization and James Gould (whoever that is) as well.
why would you list "trackday participants" and be specific when "any other persons" (this would include the burger cook, the spectator, and any other potentional person at the track) covers all of that? Josh, sorry you have to go through this... the track is 100% at your own risk (just like tankmonkeys recent fiascal), regardless of what evidence or BS you think helps prove your case otherwise. I hope all orgs are aware of this rider and ban him from attending their events.
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Old 10-16-2014, 09:48 AM   #36
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why would you list "trackday participants" and be specific when "any other persons"
If "any other persons" was sufficient to cover everyone (a reasonable person would think it would be), then why does the waiver name "sponsors, its volunteers and corner workers and track facility"?

http://extrememotorsportstrackdays.com/legal.html
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Old 10-16-2014, 09:54 AM   #37
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From this experience I've learned that the waivers do not protect the riders. Insurance will not cover it because it's on a closed course track. Be careful out there folks.
Really?? Fastline had to confirm to my ins. co. That it was closed course instruction and not a race, then they paid for everything from my wreck.
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Old 10-16-2014, 09:56 AM   #38
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Really?? Fastline had to confirm to my ins. co. That it was closed course instruction and not a race, then they paid for everything from my wreck.
And soon ins. Co's will exclude closed course events from coverage.
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Old 10-16-2014, 09:57 AM   #39
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And soon ins. Co's will exclude closed course events from coverage.
I wouldn't be too surprised. I had to sign a statement verifying there was no trophys or awards of any kind. Farmers paid for the bike and gear, but medical ins took the brunt of the hit.
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Old 10-16-2014, 09:58 AM   #40
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Really?? Fastline had to confirm to my ins. co. That it was closed course instruction and not a race, then they paid for everything from my wreck.
That doesn't mean that your insurance company would pay for lost wages, medical bills, and the pain and suffering of another rider that claimed you caused a collision on the track
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