Share the Wisdom Wednesdays (on a WEDNESDAY WTF): Part Nine

So asking for ideas wasn't such a bad idea.

Anonymous said
"Share your infinite wisdom about the recent lawsuit posted on mtbr."  (article here)

While I feel my wisdom is quite finite, I do have two cents on this one.

Yes, I feel it's douchey to sue anyone if you're injured on a mountain bike (unless a bike/component fails due to a manufacturing/design defect causing injury/death).  That said, insurance companies will often times push for this type of action, knowing that the promoter's insurance might bear some of the burden.  I don't know if that's the case here or not... doesn't seem like it.

Most mountain bike race waivers start with something like this:

"I acknowledge that this athletic event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss."

Something like this gets tossed in:

" I hereby assume all of the risks of participating and/or volunteering in this event."

So I just don't get that there's any gray area here.  The timeliness of her lawsuit seems to suggest a certain pursuit of monies, so the whole "evil insurance company" idea can get tossed out the window.

I think the scary thing here is that the Oregon Supreme Court declared a ski resort’s blanket liability waiver "unconscionable.”  Let's face it, I sincerely doubt that these folks are in touch with such "extreme sports," like snow boarding or mountain biking and the dangers inherent with participating in such activities.

I know I'm judging (sarcasm sic) them ... I guess the guy sitting at the corner of the table might get "radical" from time to time.  He might even have a neck tattoo under that starched collar.

So these out-of-touch-with-extreme-sports authority figures get to throw out waivers when they see that a promoter hasn't lined the course with pillows and made the woods safer than a Disney Park. 

Sucks for everybody.  Best case scenario?

Insurance companies don't want to lose the business, so they raise premiums on the promoters and perhaps change some legalese wordings to keep them from coming out of pocket for any negligence (as they see it) on the part of the promoter.

Promoters agree to the terms, pay higher premiums, assume more liability as waivers become useful as nothing but toilet paper, and charge higher entry fees... or just fold up shop entirely to save themselves from losing their homes and anything else worth more than $5.

Racers pay higher entry fees and/or have fewer opportunities to race.

Or none of that happens.



Frivolous lawsuits have not kept us safe from hot coffee, limited our ability to purchase a Winnebago with cruise control that doesn't control the steering wheel, or kept us from our God-given right as an American to play tennis.  Maybe there is the potential for this litigious house of cards to tumble, but for now, we can only hope.  I guess you could send an email to the members of the Oregon Supreme Court and explain to them the nature of our sport, but I imagine the response wouldn't be any different if you just sent them an email letting them know that they're being huge dickbags.

THIS IS ALL A HUGE MISUNDERSTANDING.

Lisa Belair didn't understand what " death, serious injury and property loss" or "I hereby assume all of the risks" means.

The Oregon Supreme Court didn't understand that "extreme sports" are inherently dangerous or that signing your name on a waiver should mean that THE PERSON WHO SIGNED THE WAIVER ACTUALLY READ THE WAIVER AND AGREED TO THOSE TERMS.

The promoter didn't understand that someone would be douchey enough to sue them... you know, since they SIGNED A WAIVER THAT RELEASED THEM FROM THIS VERY LIABILITY.

I guess the best thing we can do, as mountain bikers who want to continue to race...

If you know someone who is the type to blame others for their problems in life and they're interested in mountain biking, buy them a tennis racket and a can of balls...

and go ahead and send the "dickbag" email.  It can't hurt, and it will make you feel better.