Tag Archives: auto racing

Illinois Racetrack Protected from Negligence Liability by Liability Waiver

By Doyice Cotten

Amber Rady, the wife of a racecar driver, sued Southern Illinois Raceway, Inc., for negligence after being injured while in the pit area of the racetrack. Her husband was driving in the event and she signed a waiver in order to be admitted into the restricted pit area. While in the pit area, she stepped into a hole filled with water and subsequently sued the racetrack for negligence (Rady v. S. Ill. Raceway,

Auto Racetrack Case Illustrates Oklahoma Waiver Law

By Doyice Cotten

Linton Combs was injured when struck by a racecar while he was in the racetrack infield. Combs filed suit against West Siloam Speedway Corp. (Combs v. West Siloam Speedway Corp., 2017) alleging negligence in the design and setup of the track, including failure to have barriers put up that would prevent vehicles from entering the infield. He also alleged “recklessness” by Siloam for actions and omissions of such a nature so as to constitute conduct evidencing reckless disregard for the rights of others.

Indiana Waiver Law as to Gross Negligence

By Doyice Cotten

Indiana law regarding waivers and extreme forms of negligence (gross negligence, reckless conduct, willful/wanton conduct and intentional acts) was addressed in Sportsdrome Speedway, Inc. v. Clark (2016 Ind. App. Unpub. LEXIS 363).

In this case, Sportsdrome appeal a trial court ruling denying Sportsdrome’s motion for summary judgment. Jason Clark, an employee/volunteer was injured at the racetrack when a car struck him while being propelled from the track during an accident. Clark filed suit alleging the racetrack was grossly negligent and acted in a willful and wanton manner because 1) it knew the risk faced by Clark and stationed him alone in a dangerous area and 2) because the management knew that the design and layout of the track was unreasonably dangerous.

Michigan Waiver Case Examines Ordinary vs. Gross Negligence When the Steering Wheel Comes Off a Racecar

By Doyice Cotten

Michigan courts have consistently ruled that a liability waiver can insulate a defendant against ordinary negligence. Likewise they have on many occasions held that such a release cannot protect a party against gross negligence or willful and wanton misconduct. In Gonzalez v. Rusty Wallace Racing Experience (2015 Mich. App. LEXIS 25), the Court of Appeals of Michigan considered the enforceability of two waivers signed by a plaintiff prior to engaging in the Racing Experience.

Failing Waiver Language: Too Broad and Too Narrow

By Doyice Cotten

Waivers may fail for a number of reasons. Over the last several years it seems that there is a rash of failures because the waiver was 1) too narrowly constructed, 2), overly broad or 3) did not specifically name a party seeking protection. Seldom, however, does a waiver fail for all 3 deficiencies – as is the case in this instance.

In Fisher v. Stevens (2003 S.C. App. LEXIS 109), Stevens (the wrecker driver) was responding to an accident on the race track.

Wisconsin Court Rules Waiver Signed by Race Participants Enforceable

By
Alexander “Sandie” Pendleton

Thanks to Sandie Pendleton for this up-to-the-minute look at Wisconsin waiver law. This article first appeared at Sandie Pendleton’s sports-law related website www.releaselaw.com.

On February 10, 2011, the Wisconsin Court of Appeals held enforceable a waiver signed by two subsequently-injured participants at an auto race.

The case, Beer v. La Crosse County Agricultural Society, arose out of a race held at the La Crosse County fairgrounds.