Graham, a 22–year–old university student, decided to go go–cart racing with a few of his friends. The local track, called Speed Demons, provided rentals of high–powered go–carts capable of speeds of up to 60 kilometres per hour. Speed Demons also had a restaurant and lounge. Before renting a go–cart, Graham drank four beers with his friends over lunch. When he paid his rental fee, Graham was presented with a "waiver of liability" form which he was told by the attendant to read and sign. Graham, who was swaying somewhat at the rental counter, did not read the form but signed his name. After his fourth erratic lap around the track, he lost control of the go–cart and suffered a serious neck injury.
To make matters worse, when his friends rushed over to assist him, they didn't realize he had injured his spinal cord and pulled him roughly out of the go cart. As a result, Graham's spinal cord was damaged and he has lost the use of his legs. Medical experts claim that if proper precautions had been taken by his rescuers, he would have preserved the use of his legs and his injuries would have been relatively minor.
.......I'm supposed to advise Graham of his rights and determine the probable outcome if Graham should bring legal actions against Speed Demons and the friends who removed him from the go cart.
My response is (so far):
Okay,that is Graham's fault.I feel that he should have read the form.If he was to intoxicated he should have asked one of his friends to assist him.There is no way that Mrr.Graham could win this case.If the defendents use commen sense they would probaly present the DWI Law.Or some other type of evidence showing were the attendent informed him to read theform! I hope he had health insurance.
Since he signed a waiver at the go cart track reguardless of whether he read it or not, he cannot sue the go-cart track. His signature released them of any liability. However, he CAN sue his "rescuers" for not taking proper precautions when pulling him out of the go cart. I think that is considered some form of negligence.... not sure. But he can sue them because other people have in the past and have won.
I'm just missing length :( please help! thank you!
penny12397
if it can be proven that the rescuers actually didn't take the right precautions and that is the reason why he cant use his legs, than he should be able to win a lawsuit
][V[oRtiCiaN
Assuming if you had an official sworn police statement from witnesses describing the "rescuers" and the manner in which they removed him from the kart and they were willing to testify against them you may have a case there but as for the hosting track, the waiver absolves them from any responsibility whatsoever.
Stuart
Bzzzzt. (buzzing noise)
Actually, Graham has some issues: first, the go-kart track has a signed waiver releasing them from all liability. They are bulletproof.
Next, Graham's friends are covered under the 'good Samaritan' laws that protect rescuers if they are acting in good faith and genuinely are trying to rescue him.
Finally, Brother Graham has no one to sue, and has to accept personal responsibility for getting drunk and wrecking the go kart. Graham is the loser.
So sad.
- Stuart
GT
He may win, but if the jury has any common sense they would say no, his rescuers pulled him out of the go-cart trying to help him from further injuries. If he had not been intoxicated while wanting to race go-carts he wouldn't have any problems at all. All responsibility falls on his shoulders.
Pickleheaded possum
The attendant saw or should have seen that Graham was intoxicated when he signed the form.This negates the waiver thus clearing the way for a law suit against 'Speed Demons'. The friends also can be sued for interfering with the accident victim before emt's arrived.
dazed&confused
If this is in the United States, he could sue and very good chance he would win. The fact that he was drunk or under the influence is a double edged sword. Your first inclination is his fault he was drinking right? wrong their fault they were aware he had been drinking when they asked him to sign the waiver. He was swaying and probably smelled or alcohol, or had other indicators. The waiver is intended to relieve the proprietor of liability under normal conditions, its beatable then , most certainly when signed by a person whom they have knowledge or reason to believe is under the influence. The rental personnel bear responsibility over the waiver as theirs is the final judgment call to let someone rent and drive. So they in effect are not released from any or all liabilities no waiver can do that. His rescuers can be sued, but that is a separate suit. If sued they will produce undoubtedly there own medical experts to attempt to refute the experts claiming the injuries are a result of mishandled rescue, so of course there would be a trial and the best supported argument will win.
litlfitz
Your friend Graham need to consult with a personal injury attorney in the locality in which he resides. In order to preserve his claim this must be done immediately since time is of the essence in this type of action.
discosuperflyy
I agree with you 100%. What he needs to look at is what he will gain if he sues his friends. Sure, his friends might not have used proper techniques when trying to rescue him, but they had good intentions. Not to mention, how much could and would he get from a group of 20-something guys? He needs to realize he was the one who chose to drink and drive. He knew what he was doing and needs to take responsibility for himself - not find someone to sue. I would advise that instead of suing his friends he take advantage of the fact they were trying to save him and have those friends to help him in this new and difficult change. He can benefit more from that then having a 50-50 shot winning a lawsuit which basically points the blame on anyone but him. If he sues his friends, he's only going to lose the people he needs the most.
Michael H
Actually he CAN sue the go cart track.
And he CANNOT sue the rescuers. The rescuers are protected under the Good Samaritan Law as it is known in most states. The Good Samaritan Act is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing'.
In so much as the waivers......liability waivers are valid only if the person enters into the agreement knowingly, voluntarily and the person waiving certain rights receives something in exchange. Courts often find that arrangements are not voluntary when they are between an individual and an organization because of unequal bargaining power. Courts often invalidate waivers on the grounds that a participant did not fully appreciate the rights being waived or that the waiver did not specifically indicate that it covered liability for negligence.
In your situation, I would actually find that he could sue the go cart track for negligence if he could remotely prove that the person who gave him the waiver to sign could have reasonable known that he was intoxicated.
Orignal From: What will happen if this guy Sues?
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