Results 1 to 20 of 159

Threaded View

Previous Post Previous Post   Next Post Next Post
  1. Member
    Join Date
    Jul 2011
    Location
    Huntsville Al
    Posts
    5,846
    #9
    Quote Originally Posted by n2theblue View Post
    That will be very very difficult unless there is some factor like weather involved.

    As far as signing negligence away, where are you getting that? I'm not an expert on alabama law but I found this with a quick search. Releases are valid except to wanton or wilful conduct, and fishing tournaments are fairly analogous to races. So long as people are aware of the risks involved, they can waive claims against the organizer.

    Also this has nothing to do with any suit by the people who were injured.
    The people that were injured and the estate or relatives of the people that were injured will of course do the suing.
    A race event is on a private controlled environment where generally the only people at risk are the drivers. If the promoters have any reason to believe the fences are not high enough to protect from flying debris they can have culpability from the innocent spectator. While they may not be held liable for the drivers actions they can be held liable for their own.
    A tournament event is different from a race because the tournament is usually on public waters where there are other members of the public participating in their own water activities that unlike race spectators are not aware of the danger as they may not know about the tournament to begin with. Another words they are not willing participants. A race track is designed fot the event and is a private facility.
    I stated that MLF can’t have their own culpability signed away. Although they may not be directly responsible for the actions of their participants they can be held liable for their own actions. MLF is the deep pocket. Lawyers could possibly say that anyone directing or profiting from an event that encourages and allows two hundred high speed boats to endanger the public is liable. Will this work? Time will tell. I personally hope not. 90% of all civil liability cases in Alabama are settled out of court. Will this one be settled for the limits of the polices? In Alabama the plaintiffs attorney are not supposed to know the limits. With so many people involved will the insurance limits be enough? I still think this case will be exceptional. It is high profile nationally and is not like the 90% of cases settled out of court. It will be like a weather system that spurns multiple tornadoes. There will be legal actions from all angles.
    Thanks for helping to clarify this and welcome to BBC.

    Again so sorry for all the people involved.
    Last edited by geodebasser; 04-17-2025 at 09:52 AM.