Florida Supreme Court to hear ATV case

[renmus]

http://www.tcpalm.com/news/2008/may/23/parental-waivers-court-atv-case/

[JackL]

Coming soon, no riders under 18 at ATV parks.

[TRX450R_Racer]

That is ridiculous. Not to be mean but he is dead so even if he had the right to sue he can't.

[Greenbln117]

GOD..... Everyone soooo dam sue happy 

[mrbones]

In what way is the ATV park negligent? Should the ATV track have no jumps at all?

[unforgiven]

money hungry biotch.

[1FasterBlaster]

   That's such crap. If she cared about her kids welfare and was scared they could get hurt, she should never of let the kids on the track. You can't shelter kids and hope nothing ever happens to them...it happens.
   I was riding since I was 8 and never saw a waiver before. Yes, I get scared when I see Jaida riding, but you can't think of it that way, you have to let them have fun and hope for the best.
   This Mother just wants to blame someone for her loss. It hurts losing someone, but to say it was the owner's fault is real stupid. How many kids get hurt playing Soccer? Do you blame the coach and shut down the field? It's a physical activity which has hazzards.
   I'm sure everyone felt horrible for the incident, but why would you try to stop everyone else's right to choose what they do with their time? If the track wasn't there, she would be complaining about having nowhere to ride!!

[gery350]

i can relate to both sides of the story.
ive only been to two tracks, i wont mention their names.

one track is incredibly safety conscious
        1. flaggers
        2. paramedics
        3. well groomed track
        4. no obstacles on take off or landing ramps

the other, a mess:
      1. huge potholes in the middle of the track.
      2. little if any flaggers.
      3. huge light poles right next to landing ramps
      4. poor ems
      5. rocks and the occasional coconut on the track.
  oh, but they do make you spend ten bucks on numbers for your bike.(i feel so much safer now knowing that if i dont hit that landing ramp just right the light pole will see my numbers and move)

so yes i can relate to both parties.
is there a certain measure of neglect...........in certain cases-definitly.

[billabongcr]

does anyone actually ever sign those wavers?! like for mudfest, yall actually sign rather than just scribble on the line?

[1FasterBlaster]

  It's not the condition of the tracks that you have to consider. Riding conditions are riding conditions. Riding is riding. At least you have something-good or bad- to ride on.
   Yes, some tracks you don't like, you just don't ride those. But if you are riding that track, your safety is in your hands. Don't complain about the riding area, at least you have somewhere to ride.

[LostCause]

does anyone actually ever sign those wavers?! like for mudfest, yall actually sign rather than just scribble on the line?

So are you saying that you would sue?

Printed name and signature....

[billabongcr]

oh no definately not. i take responsibility for my stupidity when it happens. i dont want no one else to lose out on my account.

i was just interested to see if anyone actually signs those things

[HondaATC]

does anyone actually ever sign those wavers?! like for mudfest, yall actually sign rather than just scribble on the line?

So are you saying that you would sue?

Printed name and signature....

Hahahaha, no doubt. I know who to watch out for now atleast...

[Gato]

every waiver I sign unless they ask for ID I sign Chuck Norris since I was in High School, Sorry I know there is a Chuck Norris on this site no harm intended I once signed in at a hotl party and actually heard someone later saying Chuck Norris was in the party , See I work for a beverage company that signed him for a commercial of MT. Dew Guess ?

[AintSkeered]

"At the time, Jones was divorced from his wife Bette and had custody of both their sons". That is what it's all about! All of a sudden, she develops a conscience and some responsibility?

[FishaHallic]

We need a comment from our beloved resident lawyer  <sofa peeky>

[logandzwon]

Surpreme Court is not hearing anything about ATVs...  What they are hearing is legality of a guardian waving the right of a minor to sue.  In other words she sued the motorplex for wrongful death on behave of her son.  She lost because the son had a legally binding contract agreeing not to sue if he died.  So, she sued on ground that the contact isn't legal.  She is arguing that minor can not sign contracts, (even with parents permission.)

[quadracer1992]

That sounds a lot more knowledgeable. I was worried I'd have to wait 2 years to ride anywhere but I figured that was a bunch of bull, and I would doubt that they would ban minors from quads completely.

[zman03]

gery 350 i know where u r comin from and can just guess the places with out namin names

[JackL]

That sounds a lot more knowledgeable. I was worried I'd have to wait 2 years to ride anywhere but I figured that was a bunch of bull, and I would doubt that they would ban minors from quads completely.

I would think if this is successful, it will make the operators of everything from atv parks to jet skis to batting cages to rock wall climbing to...(you get the picture?) who are unable to assume the liability for people who can not sign a waver, will just prohibit them.  Minors essentially banned from anything they might get hurt or killed at...?

[klutchbuster400]

  It's not the condition of the tracks that you have to consider. Riding conditions are riding conditions. Riding is riding. At least you have something-good or bad- to ride on.
   Yes, some tracks you don't like, you just don't ride those. But if you are riding that track, your safety is in your hands. Don't complain about the riding area, at least you have somewhere to ride.

actually it is the condition of the track you have to consider. the first time i rode said track i pinned it on the straightaway and almost flipped when i hit the pothole. i made it aware to the powers that be of the danger of the pothole and they just laughed it off. so yes i do believe they are somewhat negligent. like someone stated earlier some tracks feel that are protected under the waiver blanket that they can be as negligent as they want.

i never complained about the riding area. i was simply comparing the two.

i do believe there are inherent dangers and risk when you get  on a 4 wheeler,  and i applaud the efforts of those who see the need for riding areas and try to fill it.

i am not a sue happy person, just trying to be unbiased.

the death of a child should not be taken lightly, especially if there was in fact some type of neglect.

gery350
(sorry was logged in as klutch)

[AintSkeered]

http://www.ama-assn.org/ama1/pub/upload/mm/15/toolkit_inj_notes.pdf
Page 10

[1FasterBlaster]

   Again, if it's a track that obviously doesn't care about it's conditions if there are clear hazzards, then I wouldn't be at that track. I for one tried tracks and got hurt, and I consider myself an experienced rider. Everyone see's MX crashes and knows of the danger, if they don't, then they are to blame for their own stupidity.
   Getting on a quad itself is dangerous everytime you ride. I broke a brake cable once and crashed...you never know.
   The court might be looking at the legality of the waiver, but we all know what their main focus will really be on!!

[quadracer1992]

That sounds a lot more knowledgeable. I was worried I'd have to wait 2 years to ride anywhere but I figured that was a bunch of bull, and I would doubt that they would ban minors from quads completely.

I would think if this is successful, it will make the operators of everything from atv parks to jet skis to batting cages to rock wall climbing to...(you get the picture?) who are unable to assume the liability for people who can not sign a waver, will just prohibit them.  Minors essentially banned from anything they might get hurt or killed at...?

Coming home from school in the rain our bus almost rear ended another bus at like 45 mph so i guess minors should be banned from going to school because its too dangerous.

[logandzwon]

Coming home from school in the rain our bus almost rear ended another bus at like 45 mph so i guess minors should be banned from going to school because its too dangerous.

I second that!  Better yet we should simply ban minors so that they can't get hurt!