A trend I hope will not spread

I see that a trackday rider is suing No Limits for damages after he sustained injuries on an event last year. It does sound bad in that he hit debris that was left on the track after another incident in which a rider was killed and has had a lot of time off work as a result. But if we all start suing track day organisers for damages and injury claims then inevitably their rates will start going through the roof and make it unaffordable. I'm all for maintaining high levels of safety and the organisers should be responsible and held accountable but let's not bring in the litigation mentality into this sport.

You know the risks and you take your chances.

What do you all think?

Klinky, do you know what the No Limits view on this is?

I believe there is a investigation running into that incident.
There is a lot of speculation over wether a crucial marshal's post was manned and the time it took for a flag to appear for that section, if at all.


It's not the first time a TDO has faced legal action.

Track Time Promotions (who ran really good days) faced one action, which I understand was someone trying their luck after what most riders would regard as a pretty unremarkable incident. After that the owner said that if it happened again he would fold the company. It did, and he kept his word.

No Limits picked up TTP's usual block of bookings which really expanded their business.

Sorry anyone working for No Limits has been asked not to comment Bic while poceedings are ongoing.

He is suing No Limits AND MSV btw.

Yes, I guess that's to be expected Craig. Well, you can pass on my sympathies to them, hope it all gets sorted out.

If it was a marshal error then surely that is an issue to take up with the track owners - as they supply the marshalling and other services. Not the track day organisers.

I'd be interested in reading the complaint on this one. I assume that a waiver of liability was signed. Not to get off topic, but the reason that we North 'mericans are so quick to litigate torts is that we do not have universal health care. An award of damages when you get hurt might be the only compensation you get. But you all in the UK still have socialized coverage, right? I'm surprised that UK courts would allow the lawsuit if a there was a waiver. Hope it dies with a swift motion for summary judgment.

I think the argument will be that a waiver is invalid if someone can be found to be negligent in their duty of care.

I should point out though, that just like the vast majority of people who give their opinions on such matters on the tinternet, I have not passed the bar exam.

Yep, that will be the argument. I'd rather defend the organizer though. Hope it works out for the best, whatever that means.

If I was at a track day and was given the clear to ride on an unsafe track(debris from a previous accident,especially one resulting in death)
by the organisation and sustained serious injuries due to there incompetence(if that is proven in this very sad case)then I would be considering action too.There is prenty of things a rider must do to keep him or her safe on a race track without worrying if there is debris on the next corner.Thats the whole idea of a track day.Track promoters advertise the fact that you can ride to your limit on a road with no oncoming vehicles and a clear track.
In most cases accidents happen through rider error,equipment failure etc and I agree that that is part and parcel to the risk you take when particapating on a track day.This very sad story however sounds like a very special case and if it is proven there was negligence by the organisation,it could become interesting.We shall have to wait and see.Cheers

Good point. I'm very interested in how it turns out. If there was negligence, it will be good to hear exactly what the definition of "due care" is for a track day organizer who puts on the event, but does not generally maintain the track. Something to think about for sure.