November 30, 2012
A group of Western New York motocross racing promoters may be held responsible for the injuries a racer suffered during an event, according to a ruling from the New York Court of Appeals.
In the case of Ozog vs. Western New York Motocross Association and Palmyra Racing Association, court documents show the plaintiff sustained serious injuries during a motorcycle race being promoted by these companies. The claim stated that following a Motorcycle Accident on the racecourse, a race official known as a “flagger” failed to warn other racers of the crash ahead. This led to the plaintiff being struck by several other motorcycles and being seriously injured.
In June 2011, the victim filed a personal injury lawsuit against the companies, claiming their negligence was the direct result of his injuries. The lawsuit was initially dismissed on the grounds that the racer had assumed a risk of injury by entering the race; however, a Wayne County appellate judge found the victims had brought sufficient evidence to prove the flagger was not properly trained or failed to properly respond to the motorcycle accident, bringing into question whether or not a staff mistake is an inherent assumable risk in motocross racing.
The Buffalo Personal Injury Lawyers with the William Mattar Law Offices say laws require racing event promoters to ensure the safety of all spectators and participants, and failure to do so could be considered negligence.