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Trivia: Where did the wavier come from that you sign at the track

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  • Trivia: Where did the wavier come from that you sign at the track

    Ever read the wavier of release of liability you signed when you race. Did you know that YES it has been challenged and NO it has not been defeated. You can thank Big Willie Robinson head of the Brotherhood of Street Racers for that. He came up with the wavier and is now used at nearly all racing events, The ruling on the wavier is public knowledge, it also lower insurance cost to tracks and help tracks cut down on losses:

    Brotherhood Raceway gets sued and wins making history> from SD Permit application for Race Legal





    REPORT TO THE COMMITTEE ON PUBLIC
    SAFETY AND NEIGHBORHOOD SERVICES
    PROPOSAL TO PERMIT A PRIVATE SPONSOR TO CONDUCT CAR RACING EVENTS
    ON A CITY STREET, WITH THE SUPPORT OF THE SAN DIEGO POLICE
    DEPARTMENT

    II. How Can the City Protect Itself from Liability For Injuries Sustained By Race Participants
    and Spectators Who Are on City Property During the Event?

    A. Participants
    A well-crafted, unambiguous, and explicitly clear waiver of liability signed by racers,
    course officials, and volunteers should suffice to protect the City from actions arising from injuries
    and deaths occurring on city property during the event. Just as parental consent is necessary to
    allow participation of minor racers and course volunteers, parental consent is necessary for the
    liability waiver.
    California courts routinely have upheld liability waivers signed by participants in
    hazardous recreational activities, such as competitive car, motorcycle, and bicycle racing,
    parachuting, scuba diving, and white water rafting. "To be effective, a release need not achieve
    perfection. . . . It suffices that a release is clear, unambiguous and explicit, and that it expresses an
    agreement not to hold the released party liable for negligence."
    National and International
    Brotherhood of Street Racers, Inc. vs.
    The Superior Court of Los Angeles County,
    215 Cal.
    App.3d 934, 939 (1989).

    In that case, the plaintiff, an experienced race car driver, sued the race
    organizer and the City of Los Angeles for crippling injuries he suffered when his dragster sped
    away from the starting line in reverse, crashing into shipping containers. The plaintiff alleged that
    his injuries were aggravated by the manner in which he was extricated from his wrecked car.
    Before competing, the plaintiff signed a printed release assuming the risks inherent in car racing
    and discharging the race sponsors and property owners from "any and all claims and liability
    Committee Report on Code 4 Racing -5- September 30, 1998
    arising out of ordinary negligence of the releasees or any other participant which causes the
    undersigned injury, death, or property damage." 215 Cal.App.3d at 937. The court found that
    the release was unlimited in scope and that the plaintiff's blanket release of responsibility on the
    part of the race organizer and the city landowner was all-encompassing. Id. at 937.
    __________________

  • #2
    Re: Trivia: Where did the wavier come from that you sign at the track

    I don't know if we use exactly that wording, but we work hard to make sure that everyone at Maxton has signed our waiver, and for the same reason. I can assure you that we ALL work hard to assure the safety of all, but damn it, there are cars going, in some cases, 240 MPH, within maybe 500 feet or so of us. Inherently dangerous - of course. Still, some Bozo can attempt a suit and it's important that everyone knows what they are getting into when the come so they can't say they didn't know. This ain't Disneyland, where the danger is make-believe.

    Dan

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    • #3
      Re: Trivia: Where did the wavier come from that you sign at the track

      The maddest thrash in the world occurs at the drag strip when there's a wreck, and unless you're in the tower you'll never see it.

      Milliseconds after a crash the first word out of the track ops mouth is...GET ME THE SIGNED WAIVER.


      Brian
      That which you manifest is before you.

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      • #4
        Re: Trivia: Where did the wavier come from that you sign at the track

        I thought Waivers came from the printer : :

        Seth
        200 mph or bust.......

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        • #5
          Re: Trivia: Where did the wavier come from that you sign at the track

          Damn, Fabian, you made me learn something today. On top of that, you woke me up this morning. 8)
          BS'er formally known as Rebeldryver

          Resident Instigator

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          • #6
            Re: Trivia: Where did the wavier come from that you sign at the track

            We had someone get hurt a few years back at KCIR from a clutch, in the pit stands, sued and won, the waiver discourages law suits, but you can not signed your rights away without, a compitant Attorney (LOL) reading it and informing you about it. He won.
            2007 SBN/A Drag Week Winner & First only SBN/A Car in the 9's Till 2012
            First to run in the .90s .80s and .70's in SBN/A
            2012 SSBN/A Drag Week Winner First in the 9.60's/ 9.67 @ 139 1.42 60'
            2013 SSBN/A Drag Week, Lets quit sand bagging, and let it rip!

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            • #7
              Re: Trivia: Where did the wavier come from that you sign at the track

              The most scary thing I have seen was a wreck involving Bruce Litton a couple of years ago in Epping, NH.

              There are grand stands at the finish line on the pit side. Litton's car slapped the wall directly in front of the stands and all kind of stuff, including a tire came off of the car. Luckily no one got hit with an flying shrapnel, and the tire ended up crashing through the roof of someone's trailer (it was empty).

              Flying stuff is very scary.

              Some people got very hurt in this deal below and it actually triggered the NHRA to lower the % of nitro allowed down to 90% during the following off season.



              Brian
              That which you manifest is before you.

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              • #8
                Re: Trivia: Where did the wavier come from that you sign at the track

                I was at Indy the year the blower cam off and killed the photo guy, it bounced from 1/2 track and yet he never took his eye off the car, and never saw it coming.
                2007 SBN/A Drag Week Winner & First only SBN/A Car in the 9's Till 2012
                First to run in the .90s .80s and .70's in SBN/A
                2012 SSBN/A Drag Week Winner First in the 9.60's/ 9.67 @ 139 1.42 60'
                2013 SSBN/A Drag Week, Lets quit sand bagging, and let it rip!

                Comment


                • #9
                  Re: Trivia: Where did the wavier come from that you sign at the track

                  Originally posted by Brian Lohnes
                  The maddest thrash in the world occurs at the drag strip when there's a wreck, and unless you're in the tower you'll never see it.

                  Milliseconds after a crash the first word out of the track ops mouth is...GET ME THE SIGNED WAIVER.


                  Brian
                  Followed by: "Pull his tech card" and "time of accident is "x" o'clock." As announcers, Brian and I both know that NOTHING is said about the condition of the driver until the race director releases that information. No speculation or conjecture is offered as to what happened and everything is kept on a positive note while trying to keep unauthorized people away from the crash to allow the safety crews to do their job. It gets hectic! I had this unenviable task last weekend as Tony Bischoff smacked the left guardwall at about 200 feet and then careened across the track and whacked the right wall with his 2002 Pro Street Mercury Cougar. Thankfully, Tony walked away without a scratch, but the car is going to Larry Larson's for some much needed attention.


                  Ron
                  It's really no different than trying to glue them back on after she has her way.

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                  • #10
                    Re: Trivia: Where did the wavier come from that you sign at the track

                    At a small track in Western NY I go to, there was an accident when a 55 Chevy smacked the wall and injured a few people in the pits. They were all from the same family. They didn't pursue a lawsuit at the time, but later in the year, they changed their minds, or rather, a lawyer changed their minds for them. They claimed they were traumatized by the experience. After looking through the waivers, it was discovered that the plaintiffs had visited and raced at the track 4 times after the incident. The case never made it to court because they knew they didn't have a leg to stand on. Didn't matter though, the insurance company won't cover the track anymore because of this, so now it's all over.

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                    • #11
                      Re: Trivia: Where did the wavier come from that you sign at the track

                      Hey Andy...what strip? I'm thinking it's not the valley as that's eastern NY.

                      You ever go over the border to Napierville? That place is hella fun. Short on ammenities but jasus, a bunch of wild ass fans!

                      Brian
                      That which you manifest is before you.

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                      • #12
                        Re: Trivia: Where did the wavier come from that you sign at the track

                        Brian, The track is called Warrick's but has gone by the name Jackson's, and King's dragstrip. It is located west of Syracuse in South Butler NY. It closed down in '77 but was revived in '03 by a group of guys tired of going to car shows. They ran once a month, heads up, with three classes, street, modified, and pro. Lots of history there, including first NHRA track to use a modern timing system. Here's a link.



                        Here's what it looked like last year. That's my 70 C10 383 running against a T/A with a .060 455. It's a short track, so traction and reaction is everything. Short times in the 1.7 range help too.

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                        • #13
                          Re: Trivia: Where did the wavier come from that you sign at the track

                          Originally posted by Rebeldryver
                          Damn, Fabian, you made me learn something today. On top of that, you woke me up this morning. 8)
                          Sorry about waking you up, the elco sold before we left the place to some other guy there, that one didn't last long.

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                          • #14
                            Re: Trivia: Where did the wavier come from that you sign at the track

                            It's cool. I'm looking forward to those new decals. I'm still looking for an early elco. Kinda. My Caprice has never let me down, I'd hate to part with the junker.
                            BS'er formally known as Rebeldryver

                            Resident Instigator

                            sigpic

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                            • #15
                              Re: Trivia: Where did the wavier come from that you sign at the track

                              Waivers are not universally bulletproof...... but in racing (and other sports) they pretty much are because of assumption of risk - the same reason you can't sue a baseball team if you get hit in the face with a ball - yet, you never signed a waiver. A reasonable and prudent man knows that sitting in the stands is dangerous, yet he assumes the risk that he may get hit by a foul ball by attending the game.... Same principal as racing. BUT Wait, there's more! A person can sign away his right to sue by signing the waiver, but he cannot sign his heir's right's away to sue if you kill yourself. So there ARE cases where if a track is negligent, a lawsuit brought by your relatives may prevail. If the track stuck to the rules, odds are they are gonna win, but if they let something slide.... could be trouble. The most ridiculous lawsuit I can remember was at the Silver State race. A guy with a new Ferrari wanted to run in the Unlimited class, but he had H-rated tires instead of the Z-rated tires that were required. He argued with the tech crew for a long time - his argument was those were the tires that came on it from the factory, so they must be OK to run 200 MPH, and what makes you guys think you are smarter than the factory? The tech crew finally caved in and let him run in the unlimited class. The next AM, he and his wife take the flag and start down-course. About 1/2 way, his wife decides that the 5-point harness was "uncomfortable" and took the belts off. Not long after that, he blew a tire, the Ferrari goes off into the desert, flips, she's thrown out and the car ends up on it's lid, on fire. He's hurt bad, she is killed instantly, and the car is totalled. After he gets out of the hospital, he gets a lawyer an sues. His argument is they should never have allowed him to run unlimited because they KNEW that the tires wouldn't hold up! Well, he won the lawsuit. The moral of the story is don't deviate from the rules. Shakespere was right.....kill the lawyers!!
                              Ed

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