So, what do you think of this?

[renmus]

http://www.floridasupremecourt.org/decisions/2008/sc07-1739.pdf for legal speak version
http://tallahassee.injuryboard.com/miscellaneous/florida-supreme-court-parents-cant-waive-liability-for-kids-.aspx?googleid=253126 for English

How much do you think this will help or hurt the ATV community?

[digginfool]

This decision allows the case to go to trial.  In the near term, I don't think it's going to have any direct consequence.  I'm not an attorney, but in one case, the release only allowed arbitration rather than jury trial should a claim arise.  In that case, the courts affirmed the arbitration clause.  The advantage of arbitration is that it eliminates the emotional factor injected into the case by the lay-jury which typically results in disproportional settlements.  An arbitrator is going to be more pragmatic in any award.  The disadvantage of arbitration is that the case is being settled by a supposed disinterested third-party and that party is usually a party of one.  So, to that extent, we will most likely see a change in the structure of releases and, possibly, some restriction in allowed activities of minor children (e.g. unless you are 18, you must stay on the youth track).  I don't know the details of the accident but it's tragic nonetheless.  Everybody went into the activity knowing the potential risks but of course, nobody ever believes it will happen to them.  Unfortunatley for the owners of the track, the track's design will be dissected to excruciating detail by the plaintiff's team, examining launch angles, landing angles and length, whether it was a double or a table-top design, ad infinitum.  Since the release signed by the parent has been negated, the track owner's engineering skills will most likely dictate their future. 

[dgt714]

The court opened up a big can of worms,There is no parental say no more.If little Johnny wants to play organized  football like pop warner  and gets hurt  then the waivers are null .There is no distinction as in comunity or comicerail .I hate to say it but all sports or recreational actives that involves minors will be severely hurt until those dopes in Tallahassee get it together,and in that case we will all need help.IT is a terrible tragity as what happend to that young man and I feel sorry when I hear stuff like that .

[trx#9]

This ruling will not be good for track owners.    Whats next the state will be holding the parents responsable for thier childrens injuries or deaths by implicating criminal charges to them. 

[duroc825]

This ruling will not be good for track owners.    Whats next the state will be holding the parents responsable for thier childrens injuries or deaths by implicating criminal charges to them. 

Easy there don't go givin them ideas!

[zman03]

This was truly a geat tragedy.  ALL that run this type of business should always be improving their RISK MGMT. policies and proceedures or will face this in the future!  Our sport is one of the greatest, but also one of the most dangerous!  This is why SAFETY should always be the primary objective in this type of activity!!  I have seen tracks that operate short staffed and volunteers could make the difference, but in the end THE RIDER is ultimately the one that makes the choice.   A good track has people(flaggers) that watch the riders closely and studies their abilities,skills,stamina,equipment,etc.. These like all the other components of running a facility are crucial yet often neglected.  

[Anoriginal]

The rammifications of the ruling are far reaching and not limited to allowing it to go to trial or arbitration (which, is EXACTLY like trial but more expensive). This is a huge deal folks. It could honestly spell the end of racing for under 18's. After ths ruling, a track owner would be foolish to allow anyone not an adult to race. basically it eviscerates ay and all forms of release or waiver.

In fact, this ruling's impact will be felt across the board when it comes to underage participation in any type of risky activity. Put it this way, if I were the attorney for a race track, I'd be telling them to halt the under 18 events until everyone gets a better grasp on this ruling and what it means.

At the very least, this ruling means that tracks and property owners MUST make sure anhone under 18 years is wearing the proper safety equipment and riding an age appropriate/activity appropriate bike. From there, the sky is the limit. It scares the heck out of me.

[renmus]

The rammifications of the ruling are far reaching and not limited to allowing it to go to trial or arbitration (which, is EXACTLY like trial but more expensive). This is a huge deal folks. It could honestly spell the end of racing for under 18's. After ths ruling, a track owner would be foolish to allow anyone not an adult to race. basically it eviscerates ay and all forms of release or waiver.

In fact, this ruling's impact will be felt across the board when it comes to underage participation in any type of risky activity. Put it this way, if I were the attorney for a race track, I'd be telling them to halt the under 18 events until everyone gets a better grasp on this ruling and what it means.

At the very least, this ruling means that tracks and property owners MUST make sure anhone under 18 years is wearing the proper safety equipment and riding an age appropriate/activity appropriate bike. From there, the sky is the limit. It scares the heck out of me.

Hey Mr Lawyer Man, you are supposed to be finding the LOOPHOLES!!!!!  Get busy!!!!

[shogun323]

Lawsuits like this burn I disagree.

In the documentation  it states, if there was a flagman present at the jump he could have prevented the bike from rolling onto the kid after the getoff. (Thats a pretty far stretch.)

The kid was 14 on a 350cc bike. They claim this to be the fault of the track for permitting him to ride. They also claim he should not have been permitted to ride because he previously cracked his ribs and went to the hospital after attempting the same jump. Redicuous..

I think we will start seeing pre-injury releases tightening up a bit as a result of this.

I feel for the family for their loss but I hate when tragedy strikes people and they instantly look for someone to pay for their loss. Money will never fill the void of the loss of a loved one. Never.

[Anoriginal]

The rammifications of the ruling are far reaching and not limited to allowing it to go to trial or arbitration (which, is EXACTLY like trial but more expensive). This is a huge deal folks. It could honestly spell the end of racing for under 18's. After ths ruling, a track owner would be foolish to allow anyone not an adult to race. basically it eviscerates ay and all forms of release or waiver.

In fact, this ruling's impact will be felt across the board when it comes to underage participation in any type of risky activity. Put it this way, if I were the attorney for a race track, I'd be telling them to halt the under 18 events until everyone gets a better grasp on this ruling and what it means.

At the very least, this ruling means that tracks and property owners MUST make sure anhone under 18 years is wearing the proper safety equipment and riding an age appropriate/activity appropriate bike. From there, the sky is the limit. It scares the heck out of me.

Hey Mr Lawyer Man, you are supposed to be finding the LOOPHOLES!!!!!  Get busy!!!!

I hear ya! I am sure we'll figure out a way around it. But for now, it sure paints a frightful picture for the future.

[shogun323]

This case was brought up as an example in a recent CE class for insurance agents. As Matt said, the rammifications of this ruling are far reaching.

From an insurance carrier standpoint, with pre-injury releases essentially null and void for this type of facility, an insurance carrier is exposed to paying full policy limits as they did in this case.

With that new potential exposure, rates for MX parks may start to skyrocket.

[TRX450R_Racer]

Is the case over? Did the retarded women win?