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Liability Waviers

#1 User is offline   kaiserfan Icon

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Posted 17 December 2017 - 06:22 PM

Track owners have got to be worried over the ruling that was handed down in the Tony Stewart/ Kevin Ward Jr Family lawsuit. The judge ruled that the race in which Ward was killed is considered a recreational activity and that the waivers releasing liability signed by Ward jr and his father are NOT enforceable. Therefore, the Ward family can pursue all claims against Stewart. This is very scary....Track insurance premiums are high now.....oh boy. Watch out.
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#2 User is offline   Verwayne Icon

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Posted 17 December 2017 - 09:10 PM

I think this judge must be a typical Boston/New York/Baltimore type judge. This is not good for racing.

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#3 User is offline   ratracer49 Icon

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Posted 18 December 2017 - 08:54 AM

Is it really any big surprise? I've heard for years that that waiver wasn't worth the paper it was printed on. Any decent lawyer knows with a little judge shopping you can get anything into the courts and get a favorable ruling. Then it's just a matter of rather or not it holds up in the appeals process. Which by that point the lawyer's made his money so what does he care if it's overturned.
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#4 User is offline   fastbackss Icon

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Posted 18 December 2017 - 03:03 PM

What's tough about this is that not all rulings are the same.

A couple years back a Pennsylvania courtroom upheld the value of the waiver. It's not the same situation as this one, but has some similarities.

http://www.pennlive....way_courtr.html
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#5 User is offline   mod911 Icon

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Posted 19 December 2017 - 08:39 AM

I have seen it upheld twice. Once when I sued the Not so Poor Paul,the judge in Mason said I was right in the case and he was gong to figure out how much Paul owed me,mean while 5 promoters there actually READ their own rule book...The last rule is you cannot sue anyone associated with the race. So they got a speech about fairness and how the rules were not enforced or that the track did not live up to their own rules and was surprised they had to read it in court. I knew what it said and was chuckling that they never read their own rules.....

And,I sued Dixie speed way and it was almost the same result except that the judge said that they kicked me out of the race I was in and attacked me that I was a paying customer from the point I got out of my car and they coughed up 5G. SO there is TWICE that the waiver held up.
Someone needs a new lawyer who does his research. If they sue Tony they should be banned from all tracks everywhere and be harassed by all racers. The punk a$$ kid drove like a fool and was going to impress everyone by getting around Tony. Its people like them that wreck everything for everyone. If you stick your punk a$$ kid in there and he kills himself dong stupid stuff like getting out of your car on the track you should just suck it up and move on......if ya wanna play with the big boys better take your diapers off and be a man.....Its a shame to see anyone get hurt but WE chose every time we buckle up and pusg the start button......
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#6 User is offline   GavinHunyady187 Icon

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Posted 19 December 2017 - 09:07 AM

I think everyone missed the key points in this. It's not time for mass hysteria yet.

1. this was a pre-trial motion to dismiss based on the waiver (meaning that they arent going to throw it out without hearing the trial)
2. it was dismissed due to the claim of negligence

Whether you want to admit it or not, you want #2 to happen, imagine if you were to sign a waiver at your local hospital when you go in for a routine procedure... and you come out of it with an unwanted sex change. (negligence)

No one should worry, insurance companies expect this to happen. If they don't, then they need new legal council.
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