what he said...
should something be done?
- Thread starter kblaze
- Start date
Pain and suffering can be emotional..........usually not designated by a physician............but actionable by some attorneys and courts.
Thanks MikeFlipp you summed it up perfect. There is a rule on getting out of your kart while the race is still green. Only if a fire are you supposed to get out. Also the only reason we talked to the president about it after the race was to prevent something like it happening in the future. Not trying to cause problems but if they can't see the problem then they are the problem.
Jack I will be contacting nka tomorrow. My wife has talked to a couple lawyers. 1 that is very into racing. He said we have a very strong case and would love to help but practices a different type of law now and can't but I'm sure she will find 1 that does.
jack burroughs
member
I heard from another source, and My thoughts are that you could be found negligent for not making sure that part could not get caught anywhere, also If I had anything to do with that track I would insist that pre-race inspection should look for those potential situations.
Another case of not accepting responsibility. People want to blame someone else. Isn't it your responsibility to make sure the kart is safe before putting your kid in it. Who installed the belts? Why was there excess belts hanging loose? It's your fault but now you want to contact a lawyer to punish the track owner. I'd toss you out of my track too!
Ted Hamilton
Helmet Painter / Racer
Sure, a sad accident, but do you really want to "bite the hand that feeds you?" A nicely worded letter with some suggestions, and an apology for any impropriety you or your wife may have done would have a far more positive effect than a lawsuit that will strain the already thin resources of a track that is generous enough to provide you a place to race. Geez, people need to lighten up a bit, if you ask me....
Keeping the race going, while a kid is sitting on the side waving his arms for help because he cant breath....is that not negligent on the tracks part? Sounds like the track put the kids safety aside to try and get the race in before the rain came...BS move on their part in my opinion. If the kid was just sitting there in the kart, waiting it out, that would be a different story of course
Ted Hamilton
Helmet Painter / Racer
As a former corner worker, I've seen LOTS of racers wave frantically for no other reason than to try to get assistance to get back into the race...unfortunately they didn't know that once they were parked, the rule was to stay parked... so, there are other potential reasons that staff may "ignore" a racer, thinking that there's nothing they can do anyhow... That said, I also stopped by each kart and made sure the driver was ok, or why they were in the infield to begin with... Plus, it's presumed that the kart passed some safety tech to begin with -- another reason the corner worker wouldn't be suspecting a belt issue. Did the track do everything right? NO. Did the racer and his/her family do everything right? NO. Learn from it and move on is my thinking about the issue.
Lake
New member
Agree with you but, the question is why the corner worker did not check on the kid first or the yellow flag was out, it's a kid without them racing has no future .................Think I saw somewhere the kid went on and won the main ? what was these parent thinking after what the kid went through, putting him back in the kart the sameday .........well its racing and it takes a good racer to go back and win after what happened .......nice drive kid
SoCo Tire Treatments
Moderator
racer47
New member
Sounds like both parties have some things they need to work out on their own side. The track needs to look at their safety practices and the racers need to look at their own karts safety issues. Then come together amicably and discuss what happened at a location away from the track and not on race day. The track needs to withdraw the suspension and the parents need to get "lawsuit" off of their mind. The simple fact is that both were somewhat negligent and that contributed to an unfortunate incident. When kids are involved we all tend to loose a little bit of focus and common sense in situations like this. Get over it and race ...... somewhere, even if you do not want to go back to this track.
It's not an ego issue. It's a safety issue. Next time it might not turn out the same.
JPMKarting
Site Supporter
So now we are to the point of trying to file a lawsuit against a track because they yelled at you?
Seriosuly man, get a grip. Your kid was fine. It was a safety oversight on your part, and luckily he is ok. No harm, no foul. Your concerns should be brought up to the track in a conversation or a letter. All you are doing by looking for legal recourse is using your son as a pawn in a game for you to "get back" at the track that you believe treated you unfairly.
Seriosuly man, get a grip. Your kid was fine. It was a safety oversight on your part, and luckily he is ok. No harm, no foul. Your concerns should be brought up to the track in a conversation or a letter. All you are doing by looking for legal recourse is using your son as a pawn in a game for you to "get back" at the track that you believe treated you unfairly.
Only a rare few attorneys would try a case for the singular cause of the plaintiff being yelled at..........and even fewer would expect to be successful in court...........if even allowed to pursue the lawsuit in court.
In any case, such a frivolous lawsuit would most likely require that the plaintiff pay the attorney, "up front", as the "case" proceeded........"No pay, no lawsuit". So, no matter how the lawsuit progressed, the plaintiff attorney would be guaranteed payment for services in advance.