Quote:
Originally Posted by Transfer
Isn't it every man for themselves out there? Everyone signs a waiver of liability upon entering. My assumption (perhaps false) is that if someone hits me, I'm responsible for everything and if I hit someone, well too bad for them.
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1. That is incorrect.
2. The existence of a waiver doesn't preclude suits - especially suits where negligence occurred/is alleged. Waivers generally are written only to protect the facility or event sponsor. HPDE event sponsors (and even facilities) ARE successfully sued. One very well-known and respected national HPDE sponsor has been entangled in a VERY expensive lawsuit for well over a year.
3. Liability waivers favor the author. They are regularly overcome by courts finding that the facility, sponsor or driver had a duty that they failed to discharge - or that their acts or omissions caused injury or damage to another.
That is liability.