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Page 6 of 22 |
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I was a sponsored rider in a motocross race and took a spill because of a rut in the course, resulting in a concussion and broken arm. Who has liability? |
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In all likelihood, the owners of the course would be liable. However, since this ends up being an insurance game much of the time, whoever has available funds may be presented with a claim.
In almost all organized races, participants sign waivers in order to participate in the event. The waivers basically state that you agree not to hold the organizers of the race liable for any injury that might occur. You need to contact an attorney in your state regarding the validity of such waivers.
The organizers will undoubtedly claim that you are barred from suing because you assumed the risk that you might be injured. This is the legal doctrine of “assumption of risk" often stated in a release the rider may have signed.
However, does the waiver or release prevent you from suing? That depends on a number of factors, such as whether the race course was designed poorly, bad road conditions, or an imbalance of skilled and unskilled riders. You could also argue that the release does not apply to unforeseen hazards, such as poor crowd control, negligence in maintaining the course, etc. In other words, assumption of risk may lead to a determination of comparative or partial fault, depending on the actual circumstances.
If you're a sponsored rider, the sponsor would probably carry insurance for your injuries and should also be named. In fact, in instances of sponsorship there is often a specific agreement about your relationship and their protection of your interests in the event of injury arranged ahead of time. |
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