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Ok, I will throw this out there to anyone who sees something I don't. The guy was on the afternoon session, he was on the tenth lap of that session, he went wide coming out of the corner, I expect the corner is not that "dangerous" as it did not have a sand trap to run into. I don't see a lawsuit, what am I missing?
 

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The point of this lawsuit is the extent of the protection and responsibility --from all parties-- covered by the waiver signed at events like these. The rider knew he could end up going wide and run off the track --and be held fully responsible for it. However, when you attend a track day or any other risk-involving event, you expect the organizers and the venue to also assume their own responsibility and do their best at ensuring the environment and the activities are held at a reasonably safe level. That clearly did not happen during that specific track day. The runoff on Turn 5 was full of ruts and sand bags. The track/organizers were responsible for removing the sandbags and providing a safe runoff for riders going off the track but THEY DID NOT. Why else do you go to a track day if not to be able to push your limits knowing that, if you go off the track, you won't encounter deadly obstacles like you do on public roads?
The rider is not suing for going off-course and getting hurt. He is suing because the track and organizers caused, due to their neglect, his injuries to be much, much worse than they should have been.
 

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Kiegwins is closed for business to say **** you to the lawsuit, and has opened another company lmao apparently its gonna be called Carters at the Track. lol nice loophole.

after doing much research on it, and hearing from AFM racers and trackday enthusiasts on http://bayarearidersforum.com/forums/
I have zero respect for Kim. He knew exactly what he was getting into, having it been his tenth ******* time around that spot, its his responsibility for himself to observe the track for any unsafe conditions. Not to mention, he didn't even show up to the riders meeting in the morning.

I can totally see the argument that the trackday provider shouldn't have let him ride if he didn't attend the riders meeting. In their defense, it was raining I believe a few days before that track day, so the bags were out there for a reason.

Most seasoned and respectable riders at the track know explicitly that once you're OFF the track, you are responsible for your own safety.

I think the worst part is, Kim has a failing business, and it seems extremely convenient to be doing a lawsuit for EVERONES's safety, when he stands to gain a lot of money.

There was a big dirt mound where I went down at thunder hill on the 13th of August, does that mean I can sue because they didn't go out and flatten it? No... and if i did, i'd be a little ***** lol. I went off the track because I ****** up, regardless of my injuries. He should have known not to "push it" at that corner, having seen the fifteen or so sand bags at the turn on the previous ten laps he did. Completely his own negligence, just trying to shift the blame with the guise of doing it for EVERYONE else's safety.

lol here's the thread i'm referring to http://bayarearidersforum.com/forums/showthread.php?t=511324&page=35 good stuff on there
 

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Its very obvious why he’s suing for his incompetence.... After several years the moron can’t get the funding for his POS company and using this for media attention to get more funding.

He’s an complete idiot and is one of those type of people that will sue because they’re incompetent. I wouldn’t buy his C1, it’s ugly as sin anyways, but due to this lawsuit, I wouldn’t ever consider it even if it did look good.
right!? lmao, this guy is a joke. Not to mention, it's a self leveling bike...:lmao:
 

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He is suing because the track and organizers caused, due to their neglect, his injuries to be much, much worse than they should have been.
That is the pretext he is suing under, yes. The actual reason he is suing appears to entirely financial gain.
 

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The point of this lawsuit is the extent of the protection and responsibility --from all parties-- covered by the waiver signed at events like these. The rider knew he could end up going wide and run off the track --and be held fully responsible for it. However, when you attend a track day or any other risk-involving event, you expect the organizers and the venue to also assume their own responsibility and do their best at ensuring the environment and the activities are held at a reasonably safe level. That clearly did not happen during that specific track day. The runoff on Turn 5 was full of ruts and sand bags. The track/organizers were responsible for removing the sandbags and providing a safe runoff for riders going off the track but THEY DID NOT. Why else do you go to a track day if not to be able to push your limits knowing that, if you go off the track, you won't encounter deadly obstacles like you do on public roads?
The rider is not suing for going off-course and getting hurt. He is suing because the track and organizers caused, due to their neglect, his injuries to be much, much worse than they should have been.
Thank you for this post, and interesting point you bring up.
 

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The point of this lawsuit is the extent of the protection and responsibility --from all parties-- covered by the waiver signed at events like these. The rider knew he could end up going wide and run off the track --and be held fully responsible for it. However, when you attend a track day or any other risk-involving event, you expect the organizers and the venue to also assume their own responsibility and do their best at ensuring the environment and the activities are held at a reasonably safe level. That clearly did not happen during that specific track day. The runoff on Turn 5 was full of ruts and sand bags. The track/organizers were responsible for removing the sandbags and providing a safe runoff for riders going off the track but THEY DID NOT. Why else do you go to a track day if not to be able to push your limits knowing that, if you go off the track, you won't encounter deadly obstacles like you do on public roads?
The rider is not suing for going off-course and getting hurt. He is suing because the track and organizers caused, due to their neglect, his injuries to be much, much worse than they should have been.
You think that a TDP who rents a track for a day or two is allowed to modify the drainage systems at the track?
 

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You think that a TDP who rents a track for a day or two is allowed to modify the drainage systems at the track?


Nope. From what I've been reading elsewhere, the bags were there to protect a drainage grate in the ground from eroding and keeping the water off the track.


Also from the video, it looked like he was already heading ass over tea kettle BEFORE he got to the sandbag.
 

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Nope. From what I've been reading elsewhere, the bags were there to protect a drainage grate in the ground from eroding and keeping the water off the track.


Also from the video, it looked like he was already heading ass over tea kettle BEFORE he got to the sandbag.
What does it matter if he was already crashing before he hit the sandbag?

His argument wan't that the bags caused his crash, it was that those bags shouldn't have been there for him to hit after he crashed.
 

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Not sure that hitting a drainage grate is much better ...
 
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