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Page 9 of 23 |
I participated in a dirt bike competition sponsored by local bike shops. During one competition on the track, I took a spill because of a rut in the course, resulting in a concussion and broken arm. Who has liability? |
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This is a very complex question! There are various individual factors that may affect liability or may affect the amount of damages you are allowed to collect.
The first concept we have to deal with is called “assumption of risk”. This means that you should have known that course conditions could cause accidents and injuries in a dirt bike competition, and that you assumed that risk when you entered the competition – essentially, that you decided the benefit of participating outweighed the risk of participating. This can be affected by several factors. Was the competition for amateurs or professionals? How many of these competitions have you participated in prior to this event? If you are a seasoned competitor, have you ever been hurt during competition? The organizers will undoubtedly claim that you are barred from suing because you assumed the risk that you might be injured.
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. This may be used to show that you understood the risks involved and voluntarily accepted them. It may also be used to limit or deny that the event’s sponsors were at all liable.
You will also want to find out if the sponsors were responsible for course maintenance or if another entity was involved. In all likelihood, they would probably carry insurance for your injuries. And you will want to find out if competitions are normally halted to smooth out any ruts that may be formed in the course, or if that is considered part of the competition.
However, even if you signed a waiver or release that says that you will not hold the organizers or sponsors of the race liable, please remember that courts very rarely will hold you to that waiver. Courts understand that you do not have any bargaining power in the construction of those waivers – in other words, if you want to participate in the event, you have to sign no matter how poorly conceived the event is. It is extremely unlikely that you will be barred from bringing your lawsuit based on a waiver that you signed. |
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