| Author |
Message |
arthur chambers (Art355)
Intermediate Member
Username: Art355
Post Number: 1459
Registered: 6-2001
| | Posted on Wednesday, April 30, 2003 - 6:30 pm: | |
Dave:
Those releases, at least as far as the fans go, are about worth the paper they are printed upon. The actual defense is "assumption of risk". Someone who has not seen a tire do that, wouldn't know that they were assuming the risk, and therefore didn't assume the risk.
As to the release, those are only valid when signed or otherwise accepted by the releasee. If printed on the back of a ticket, up on the wall, etc., you would have to proof that the person read it, agreed with it, etc. An extremely high burden of proof.
In some instances, even racers can get around those defenses: Ask Penske about Donahue (Yeh, I know Penske didn't pay anything, but Porsche and Firestone sure as hell did). I've represented a few racers who were paid for their injuries, even though they'd signed a release.
Art |
Dave Penhale (Dapper)
Member
Username: Dapper
Post Number: 653
Registered: 4-2002
| | Posted on Wednesday, April 30, 2003 - 3:14 am: | |
"A crash like that, if the tire killed a few fans, would or could cost more than Tony George is worth, even after the insurance company paid their limits."
WHY? Don't your races have 'no liability' notices posted at your race circuits? |
Jack Habits (Ferraristuff)
Junior Member
Username: Ferraristuff
Post Number: 157
Registered: 4-2003
| | Posted on Thursday, April 24, 2003 - 6:16 pm: | |
Hi Arthur,
This is not at Indy but a similar accident that happened at the Le Mans 24 hours in 1999.
The Mercedes of Peter Dumbreck took off spontaneously and the driver emerged uninjured...
The spot where the car landed (on all fours like Andretti did!) had just been cleared of trees a couple of days before the race. Just imagine a grandstand at that very spot...
http://www.cateredbycolette.com/_chris/chris_files/Flying Mercedes1.mpg
(The URL is broken after the space in it so you need to copy the whole line into your browser's address bar to see the video)
Jack |
Frederick Thomas (Fred)
Member
Username: Fred
Post Number: 696
Registered: 2-2001
| | Posted on Thursday, April 24, 2003 - 5:34 pm: | |
Fans have been killed in the stands before by debris. A few years ago Roberto Guerrero hit a tire that had came off of another car and sent it flying up into the stands. It hit a guy in the head and killed him. A few years ago I went to the Michigan 500 and three fans were killed by a flying tire. It is awfull to see when someone is going out just to have a nice day watching a race and people get killed. That being said I think people know there are risks involved and Tony George would not be losing more than he is worth. |
arthur chambers (Art355)
Intermediate Member
Username: Art355
Post Number: 1417
Registered: 6-2001
| | Posted on Thursday, April 24, 2003 - 4:59 pm: | |
I've never seen a crash like that, and I bet no one has at Indy. Bet that the fencing gets raised for the race. A crash like that, if the tire killed a few fans, would or could cost more than Tony George is worth, even after the insurance company paid their limits.
Art |
Rob Lay (Rob328gts)
Board Administrator
Username: Rob328gts
Post Number: 4577
Registered: 12-2000
| | Posted on Thursday, April 24, 2003 - 4:29 pm: | |
Oh man! You see the tire go up in the stands, that would of killed a few fans. |
arthur chambers (Art355)
Intermediate Member
Username: Art355
Post Number: 1405
Registered: 6-2001
| | Posted on Thursday, April 24, 2003 - 10:47 am: | |
He's apparently still going to try to qualify the car because Kanaan has a broken arm, and won't be able to drive until after qualifying is complete. Kanaan will have to start at the back if Mario can qualify. Hope he doesn't do another one.
Art |
ross koller (Ross)
Intermediate Member
Username: Ross
Post Number: 1101
Registered: 3-2002
| | Posted on Thursday, April 24, 2003 - 7:28 am: | |
9.5 for difficulty, 9.7 for danger !!! he is so lucky to walk away from that one, and boy am i glad he did. incredible. |
Jack Habits (Ferraristuff)
Junior Member
Username: Ferraristuff
Post Number: 142
Registered: 4-2003
| | Posted on Thursday, April 24, 2003 - 3:47 am: | |
WoW!
Did you see him fly by that resque truck....
Ooof....
I guess that there goes his chance to be the oldest driver ever to qualify for the Indy 500...
I would swear it was a Dallara Mercedes and not a Dallara Honda (Le Mans 24H fans will know what I mean...).
Jack |
Dan (Bobafett)
Member
Username: Bobafett
Post Number: 445
Registered: 9-2002
| | Posted on Wednesday, April 23, 2003 - 10:43 pm: | |
http://www.wthr.com/Global/story.asp?S=1246726
THere's another link with good footage.
--Dan |
Rob Lay (Rob328gts)
Board Administrator
Username: Rob328gts
Post Number: 4553
Registered: 12-2000
| | Posted on Wednesday, April 23, 2003 - 9:55 pm: | |
couldn't find the video in the article. |
Paul Wehmer (Pwehmer)
Junior Member
Username: Pwehmer
Post Number: 139
Registered: 10-2002
| | Posted on Wednesday, April 23, 2003 - 8:26 pm: | |
http://www.indystar.com/
Look at the video of Mario's wreck.
Mario Andretti flipped his son's IRL car that he was testing for Tony Kanaan at the speedway. It appears as though he is okay. The car ran over some debris from Kenny Braeks car and while
going in a straight line and did 2 mid air 360's and landed on all fours. He walked away from the crash and they took him to Methodists.
I am sure it will be on ESPN and probably every local news all over the
country.
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