How will this affect track days?

[Bill]

Do you remember hearing about the Porsche Carrera GT that crashed and killed the driver and passenger? The wife of the passenger filed a lawsuit and it was settled for $4.5 million.

http://www.sportscarmarket.com/content/carrera

What do you think?

- Bill

[nsxt2000]

My take is that some activities in life have inherent risk associated with them. I have sky dived in the past and when I jumped out of an airplane it was not with the expectation that something was going to happen, but with the awareness that something "could" happen.

The concept of "assumed liability" says to me that if you are unwilling to accept the consequences of what you are doing then don't do it!

Having said that, there is another dimension that enters into the equation. If the line between negligence and gross negligence is crossed there should be accountability. In this specific example I think there is a reasonable assumption of gross negligence with several of the participants. Was there $4.5 million worth? I doubt it.

Although I do very few track events, I hope a decision like this will not adversely effect the sport. Certainly reason and common sense will prevail.
-Mike S.

[Jack FFR1846]

I am somewhat concerned about this.

Back in January, I decided to ask my insurance umbrella liability carrier what coverage I would have on track with my racecar. Their answer.....you're cancelled. I spent the next 4 months researching what insurance each club that I instruct with carries and working with my agent to find a new umbrella company.

Along the way, I learned a few things. Those waivers that we all sign, saying that we won't sue anyone and we're holding everyone harmless regardless of what happens......are worthless in court.

Insurance companies want to see as little risk as possible. My original company was unhappy that although all the clubs I run with have policies covering me during an event.....even if I have a registered street car on the track, my auto policy reverts to Massachusetts minimums (I believe $10k liability) if something happens on the track. This left them more at risk if somebody came after me.

I do think that the club cited here was negligent and I'm hoping that this was part of the reason that the suit was successful. All the clubs I run with have a 2 spin rule. 2 spins and you are asked to go home....now. If there was an inspection issue noted, it should have been required that it be fixed. I don't put any value on someone getting nautious as an indication that something's wrong. I've had students take a ride with me and have that happen. Some people don't ride well in cars.

I do expect that the clubs are going to see increases in rates in the future. How much? I don't know and hope it's not significant.

jack

[nsxt2000]

Jack's post is pertinent to the issue and it will be interesting to see the "ripple" effect this ruling has for club events.

Unfortunately our society has been conditioned to litigate first and assume responsibility second...or never.
-Mike S.