Shakey suing MSV / BSB
Discussion
Mr Tidy said:
Call me cynical but if happened in May 2018, so any claim needed to be brought within 6 years to avoid being Statute Barred.
So it was kind of now or never - but IMHO never might have been a smarter move!
I know nothing about law but if this is the case then that explains why he’s doing it now, which explains a lot to me. So it was kind of now or never - but IMHO never might have been a smarter move!
Zarco said:
egor110 said:
I guess his case is going to revolve around if that corner was dangerous enough to warrant a air fence during the bsb race why at testing is it suddenly not as dangerous .
If that's the case, I think he might have a point (or a case).Far Cough said:
PurpleTurtle said:
clearly accepted the associated risks ......... and that my Lord is the case for the defence !!Were there any issues on that surface, etc etc. That had been picked up. When was the last track inspection.
I open with the caveat ,I have not done a trackday in 20 years and this is off topic but……
What I have notice whilst watching various Youtube channels is the increase of professional riders using punter trackdays as test days or just a practice. I assume for no other reason than keeping costs down.
This is in my opinion very risky for all involved,including the track owner and trackday company.
The speed differential can be huge even in the ‘fast group’
What I have notice whilst watching various Youtube channels is the increase of professional riders using punter trackdays as test days or just a practice. I assume for no other reason than keeping costs down.
This is in my opinion very risky for all involved,including the track owner and trackday company.
The speed differential can be huge even in the ‘fast group’
egor110 said:
Zarco said:
egor110 said:
I guess his case is going to revolve around if that corner was dangerous enough to warrant a air fence during the bsb race why at testing is it suddenly not as dangerous .
If that's the case, I think he might have a point (or a case).smifffymoto said:
I open with the caveat ,I have not done a trackday in 20 years and this is off topic but……
What I have notice whilst watching various Youtube channels is the increase of professional riders using punter trackdays as test days or just a practice. I assume for no other reason than keeping costs down.
This is in my opinion very risky for all involved,including the track owner and trackday company.
The speed differential can be huge even in the ‘fast group’
Not saying you're wrong, but Shakey crashed on an official BSB test, not a track day. What I have notice whilst watching various Youtube channels is the increase of professional riders using punter trackdays as test days or just a practice. I assume for no other reason than keeping costs down.
This is in my opinion very risky for all involved,including the track owner and trackday company.
The speed differential can be huge even in the ‘fast group’
Zarco said:
Not saying you're wrong, but Shakey crashed on an official BSB test, not a track day.
IMO If it was an official BSB test, I would kinda expect it to have the same safety measures in place as a race weekend. And in that case I think he may have a point (or case as you say)Tam_Mullen said:
IMO If it was an official BSB test, I would kinda expect it to have the same safety measures in place as a race weekend. And in that case I think he may have a point (or case as you say)
Every time I’ve been on a circuit the pre has been a safety briefing telling you what’s what, I don’t assume anything.Well I didnt see Shakey on my wonder arond the paddock, but I did have a great chat with Brad Perie,
Also got a nod off Ron and Leon (both on electric scooters), Spotted Ben Currie, Luke Mossey, Dean Harrison, Glen and Andy Irwin, The O show and Hicky also all on electric scooters, while Rory Skinner made do with an old push bike.
Also got a nod off Ron and Leon (both on electric scooters), Spotted Ben Currie, Luke Mossey, Dean Harrison, Glen and Andy Irwin, The O show and Hicky also all on electric scooters, while Rory Skinner made do with an old push bike.
Marquezs Stabilisers said:
vw_99 said:
My brother died racing at knockhill in the 1st "reverse" races in years. This following life changing injuries to another rider on a track day 2 days before.
The thought to sue never crossed mine or his wifes mind even after the track was modified and saftey mesures put in a few weeks later.
Sorry for your loss. I'm amazed that Knockhill gets to run in reverse, going down to what becomes turn 1 has little run off. I'm planning a track day there myself later this year but not on the reverse track. The thought to sue never crossed mine or his wifes mind even after the track was modified and saftey mesures put in a few weeks later.
I agree that reverse Knockhill just is not safe,I don't know how they got passed for it.
Haven't attended a reverse race day since Ron Cummings big accident at turn 1.
Just read this thread and am a bit bemused by it.
Surely if Shakey does not win he'll become liable for MSVR, MSV and MCRCB's legal fees. They're likely to be significant, especially as he's bringing the action against three entities. Bearing this in mind there seems to be a significant risk which when considered makes a £1m payout not seem that high for the gamble being taken. I know £1m is a lot of money, but you won't live for a decent standard for the rest of your life on it.
Google suggests that personal injury claims need to be issued within three years. Maybe the six years is a coincidence and with Covid etc. the case has been sitting waiting a while?
I can't imagine the MSV/Jonathan Palmer etc. will stop him commentating. They are professional so will have handed this to their insurers and will be getting on with their day job. The interruption and distraction will be no doubt annoying but they've paid their premiums and will be as uninvolved as possible. It's likely that the commercial TV rights state they can take their staff on site too. It doesn't mean the riders want to talk to him though, but they're less likely to feel agreived by it I'd guess.
I guess that's where the issue is, as has already been said, that insurance costs will no doubt rise and insurers will re-asses the risk of motorsport. I'm sure BSB etc. are big enough business that we won't see much change and once running a track then track days etc. will continue but just be more expensive. However, it could be a real issue for smaller tracks with much less income e.g. speedway tracks, Olivers Mount, Lydden Hill etc. which could literally be priced out of action. We're losing tracks like these to housing development frequently so they don't need more costs to stay viable.
I hope it's well reported once finished so that we can actually see what it was all about.
Surely if Shakey does not win he'll become liable for MSVR, MSV and MCRCB's legal fees. They're likely to be significant, especially as he's bringing the action against three entities. Bearing this in mind there seems to be a significant risk which when considered makes a £1m payout not seem that high for the gamble being taken. I know £1m is a lot of money, but you won't live for a decent standard for the rest of your life on it.
Google suggests that personal injury claims need to be issued within three years. Maybe the six years is a coincidence and with Covid etc. the case has been sitting waiting a while?
I can't imagine the MSV/Jonathan Palmer etc. will stop him commentating. They are professional so will have handed this to their insurers and will be getting on with their day job. The interruption and distraction will be no doubt annoying but they've paid their premiums and will be as uninvolved as possible. It's likely that the commercial TV rights state they can take their staff on site too. It doesn't mean the riders want to talk to him though, but they're less likely to feel agreived by it I'd guess.
I guess that's where the issue is, as has already been said, that insurance costs will no doubt rise and insurers will re-asses the risk of motorsport. I'm sure BSB etc. are big enough business that we won't see much change and once running a track then track days etc. will continue but just be more expensive. However, it could be a real issue for smaller tracks with much less income e.g. speedway tracks, Olivers Mount, Lydden Hill etc. which could literally be priced out of action. We're losing tracks like these to housing development frequently so they don't need more costs to stay viable.
I hope it's well reported once finished so that we can actually see what it was all about.
Interesting to see this in the 'mainstream' media, I'd wrongly assumed it was common knowledge. I have a tenuous connection to someone involved, for obvious reasons I'm not going to be specific, but I've known of the case a fair while, I'd guess a few months after the accident but I can't really remember now.
To correct a couple of things I've seen a few times :
The case hasn't just started, as I said it's been in motion a fair while. I'd guess the media are only reporting it now as it's progressing to court and into public knowledge.
I don't know Shane and don't think I've ever met him, but from what I'm told the intention isn't to damage the trackday/race scene with extra legislation and cost. Obviously with any activity, a minimum safety standard has to be met, Shane and his solicitors don't feel it was and it's up to the courts to decide. For the same reason a pile of broken up concrete isn't an effective crash barrier, maybe that area of that circuit does require an air fence? There's has to be a minimum standard, the intention isn't to have the TT circuit lined with bouncy castles, far from it.
All that said, as someone who races (badly) and crashes (brilliantly), would I have sued? Probably not, unless I felt my injuries had been worsened by negligence beyond my control.
To correct a couple of things I've seen a few times :
The case hasn't just started, as I said it's been in motion a fair while. I'd guess the media are only reporting it now as it's progressing to court and into public knowledge.
I don't know Shane and don't think I've ever met him, but from what I'm told the intention isn't to damage the trackday/race scene with extra legislation and cost. Obviously with any activity, a minimum safety standard has to be met, Shane and his solicitors don't feel it was and it's up to the courts to decide. For the same reason a pile of broken up concrete isn't an effective crash barrier, maybe that area of that circuit does require an air fence? There's has to be a minimum standard, the intention isn't to have the TT circuit lined with bouncy castles, far from it.
All that said, as someone who races (badly) and crashes (brilliantly), would I have sued? Probably not, unless I felt my injuries had been worsened by negligence beyond my control.
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