Interesting case

[T.C]

This case was recently heard at the High Court and caught my eye.

Seems ironic that the very vehicle and people who were attending to look after unfortunate riders who took a tumble were the actual cause of the problem, albeit they were positioned on the instructions of the organisers.

PETER CORBETT (BY HIS WIFE & LITIGATION FRIEND ANITA CORBETT) v (1) CUMBRIA KART RACING CLUB (2) TRACKSPORT CHALLENGE LTD (3) RAC MOTOR SPORTS ASSOCIATION LTD (2013)

A motor racing club and the organiser of a moped racing event had failed to discharge their duty of care for the safety of competitors when allowing an ambulance to be positioned behind an inadequate tyre barrier at the event.

Their breaches were causative of the claimant motorcycle rider's head injuries when he crashed through the barrier and hit the ambulance.

 

[silverfox.xx]

The wife (st john ambulance) at a regular motor cycle scramble, has risk assessments for first aid crews. Is it not the organisers responsibility for risk assessments for riders, or disclaimers? Bit grey area.

 

[Wolfie]

Their breaches were causative of the claimant motorcycle rider's head injuries when he crashed through the barrier and hit the ambulance.

sorry shouldnt but bloody hell 8rfl@8rfl@8rfl@8rfl@

 

[ScottyUK]

I'm sure it was posted due to the irony but 8rfl@

 

[4_4_2]

even as a spectator at a motorsport event you always get handed a disclaimer on entry that "Motorsport is dangerous and you are there at your own risk.." or words to that effect. Surely as a competitor you are at an even greater risk and the organisers would have very limited responsibility for competitor safety, obviously within the bounds of doing the essentials like making sure medical help is on site???? or is that too simplistic in the eyes of the law?

 

[T.C]

I am not making comment, mainly because I don't have a view other than given the findings, this could have an affect on many track day events.

However, what I will say is that whilst a risk assessment was carried out, I think you will find that this case boiled down to the fact that the organisers instructed the Ambulance to park in a spot where, had the risk assessment been done properly, then it would have been located where the crew could still be affective but not putting others at risk.

And of course being on a karting track which is smaller, and whilst mopeds are not the quickest bikes on the planet, on a small track like this they probably are quick in a relative sense, so the combination of the 3 led to this horrible incident.

As my disclaimer though, I was not involved in this case so I have no personal first hand knowledge.

 

[4_4_2]

yeah, sorry TC, wasn't really asking you to comment, but was making more of a rhetorical question/statement. Did they find all three parties liable then or is it still ongoing?

ps, the whole thing smacks slightly of the American style, "somebody's gotta pay" syndrome..........

 

[Boggymarsh]

Despite the tragic consequences, you have to say that atleast the ambulance crew were on scene PDQ...couldn't have asked for a better response really! Sorry, this is the black humour one seems to develop after many years of dealing with people's misfortune.

Sensible head on now... I wonder if such things were a consideration for John when he was organising the moped racing at the Thetford Bash? It's a crazy world where our fun is slowly being squeezed away by such cases as this. Take a look at the warning Gloucestershire Police issued the organisers of the annual cheese rolling event ( why they got involved is beyond me but again that's the way things are going) and how schools have stopped simple and age old playground games such as conkers. Just plain crazy.

 

[ScottyUK]

Legally John had a signed disclaimer in place. If anything happened we'd have called an ambulance just like any normal accident. @tu*

 

[4_4_2]

According to John, the moped racing was quite tame this year, so no blue lights required!

 

[Jaws]

As said.... This was not exactly the first time I have done the ped racing and had to take some very serious legal advice to ensure the disclaimer is actually worth the paper its printed on.

Fortunately the track is small, the bikes smaller, the speed even smaller ( !! ) and I doubt any of the peds could climb the wee hill to get to where the spectators sit !

 

[DLN1965]

I doubt any of the peds could climb the wee hill to get to where the spectators sit !

Did you not have proper toilets available John ??