Tag Archives: motocross

Delaware Court Enforces Motocross Parental Waiver for Negligence but Not for Recklessness

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By Doyice Cotten

 

In 2013, Tommy Lynam (age 13), was riding a motocross bicycle at Blue Diamond Motocross near New Castle. While riding, Tommy rode off a jump, made a hard landing, and was unable to stop in time before colliding with a large metal shipping container. Lynam sued alleging negligence and recklessness (Lynam v. Blue Diamond Motocross LLC, 2016).

 

Lynam’s father had signed a waiver entitled “Parental Consent, Release and Waiver of Liability,

Wanton Conduct at Issue in a Motocross Case

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By Doyice Cotten

Sport, recreation and fitness professionals often encounter the term “negligence” and most have at least a general idea of what negligence entails; but sometimes one comes across the term “willful and wanton act” (sometimes referred to as wanton act) and most don’t really understand what it means. A 2011 Alabama case gives us  a good example of what might be considered a willful and wanton act (J.T., Jr. v. Monster Mountain,

NY Motocross Waiver Fails to Protect Because of GOL 5-326

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By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

Apparently, the management had put in a sprinkler system near the track, leaving an exposed PVC pipe. This was denied by management, but a witness said he saw it.

Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence

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By Doyice Cotten

In 2011, Walter Brotherton worked on a voluntary basis as a mechanic for one of the racers in the Kentucky Indoor Motocross Championship.

Brotherton was injured during a practice heat while standing near the starting gate.  He and others  decided to move and watch the practice from another location inside the Arena, but at that moment a motorcyclist topped a hill and careened into the starting area injuring Brotherton.

He subsequently sued,