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EYE ON THE INDUSTRY

TRACK OWNER/OPERATORS ASK AN ATTORNEY
With the assistance of the RPM Newsletter and their “Legalert” column, we are offering some answers of oft-asked legal questions from track owners and operators.

(Disclaimer: While answers to legal questions have been researched, we do not represent them as legal advice. Because laws vary in different jurisdictions, readers are urged to contact attorneys in their area in all matters. RPM and e-KMI.com assumes no responsibility for actions taken as a result of, or in spite of, answers appearing herein.)

QUESTION: What can we do to protect ourselves from a driver who is a self-taught lawyer, the kind of person who sues everybody all the time?

ANSWER: The simple answer to your question is; don’t give him grounds to sue. Make sure you have a good rule book and that the track officials enforce rules fairly. Make sure your rules include provisions for penalties, that they spell out penalties, and that an appeal process is outlined. Train track personnel to exercise restraint when they talk to the driver, taking care to avoid statements they may regret or that may provoke legal action, but don’t overreact by treating the driver differently from others.

If the driver is confrontational, train personnel to avoid falling prey to his provocation. Some such people are fond of threatening suits, but seldom do so, and you may just have to put up with him while he races at your track. Others go through with it. If he is determined to sue you, he probably will find a way to do so. If he becomes so troublesome that you have no other recourse, you can decline his entry. Really, you can do little to stop him from suing if he is determined to do so, but you can be prepared to defend yourself if he does, increasing the likelihood he won’t find a sympathetic attorney or jury.

QUESTION: Our insurer encourages us to do a periodic walk through looking for hazards on our property. Can you suggest a checklist?

ANSWER: Talk with your insurer. Many provide a checklist, but we can offer these suggestions as well. Perform a walk-through before the season begins, but also walk through each week before race events. Look over the premises for:
1) Potholes and other tripping hazards
2) Loose sewer grates and manholes
3) Uneven or eroded gravel or dirt walkways
4) Objects protruding into walkways above or below eye level or on the periphery of vision
5) Damage or missing barriers, fences or gates
6) Vandalized direction and warning signs
7) Exposed electrical hazards
8) Burned out walkways or parking area lights
9) Unmarked or blocked emergency exits
10) Loose or damaged seating boards, grandstand walkways, railings, kickboards or backs
11) Leaking water and other liquids that can create slippery conditions
12) Outdated or discharged fire extinguishers
13) Adequate and up-to-date first aid supplies
14) Unsecured pressurized containers, CO2, LP and Helium, etc.
15) Weakened debris fence posts or damaged fence mesh

Mark hazards with barricades, yellow tape or other means. Remedy hazards before arrival of patrons. Discuss hazards with employees at meetings afterwards.

Legal Questions and Answers Courtesy: Racing Promotion Monthly (RPM). To contact RPM – Racing Promotion Monthly, e-mail to editors@racingpromotionmonthly.net or call 920-294-0830.

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