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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.

QUESTION: We’ve just received a written survey asking safety and procedural questions from an investigator working for an attorney defending a race track against a lawsuit. Shall we answer it?

ANSWER: In a perfect world, yes, because the information might help mount a successful defense. But, ours is an imperfect world. (RPM) Workshop attorneys remain uncomfortable with such surveys and advise promoters to decline the chance to participate, no matter who the surveyor purports, or is proven to be. Just don’t do it.

Despite the surveyor’s apparent good intentions in this case, attorneys advise against responding for two reasons:
1) It is difficult from promoters to be certain the surveyors are truthful when they say they are working for the defense. Some previous surveys have been distributed by plaintiffs’ attorneys building a research base with which to try cases against tracks. They did not misrepresent who they were, but cleverly worded correspondence so they appeared to be pro racing, when they were not.
2) Also, such investigators routinely work both sides and do not work strictly for the defense. They are independent businessmen who might later use the responses as an expert for the plaintiffs. You cannot be assured the information won’t be used to damage race tracks.

QUESTION: We’re cleaning our office files and wondered how long we should save the back-gate (racer) waivers we have on file?

ANSWER: Insurers ask that you keep signed waiver forms securely filed at least as long as the statute of limitations in your state, typically that would be 2-7 years. The statute of limitations determines how long plaintiffs have before law prevents them from filing from filing a lawsuit against your track. However, if it is possible, save them all for as long as possible, disposing of none. Insurers and attorneys who defend race tracks urge keeping waivers indefinitely because even when they are not used as evidence directly for circumstances in the year, or at the event, they are signed, they can be helpful evidence in suits in later years.

For example, you might be asked to produce waivers that show a plaintiff signed numerous waivers for numerous years before the year and event in which an incident occurred. This evidence might be the key to persuading a judge or jury that a plaintiff understood the assumption risk as he competed in race events, despite his claims his attorney might make that he did not understand what he was signing.

Ask your insurer for guidelines about waiver filing and safekeeping. They consider waiver filing very important and can tell you their preferences. Do your best to follow them.

(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.)

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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