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Re: Assumption of riskIt's been so long since I actually read or discussed an HPDE or any on track waiver, but the basic premise of these historically has been that "$hit happens" and each individual accepts the risk of whatever $hit might happen, regardless of fault. Of course there are exceptions to that rule: 1) extenuating circumstances such as outright willful wrecklessness or negligence , 2) the offending party feels so bad and has such deep pockets that he volunteers to pay damages :redface: and 3) lawyers feed off anger with the old saying that "anyone can sue anybody at anytime for any reason":wink:. But, as painful as it is, if this were a "normal" mistake by a driver obeying the flags, and rules and displaying "normal novice" on-track judgement, the basic assumption would be that everyone pays for their own repair. Sad but true. It's ended many a club racer's career.
Re: Assumption of risk
It's been so long since I actually read or discussed an HPDE or any on track waiver, but the basic premise of these historically has been that "$hit happens" and each individual accepts the risk of whatever $hit might happen, regardless of fault. Of course there are exceptions to that rule: 1) extenuating circumstances such as outright willful wrecklessness or negligence , 2) the offending party feels so bad and has such deep pockets that he volunteers to pay damages :redface: and 3) lawyers feed off anger with the old saying that "anyone can sue anybody at anytime for any reason":wink:.
But, as painful as it is, if this were a "normal" mistake by a driver obeying the flags, and rules and displaying "normal novice" on-track judgement, the basic assumption would be that everyone pays for their own repair.
Sad but true. It's ended many a club racer's career.
