Copyright 2004, Roadracing World Publishing, Inc.

FIRST PERSON/OPINION:

Via e-mail:

What next?

We sign waivers up the wazzoo and think they don’t mean anything. We live with conditions for years (especially racers who have moved up to AMA Pro Superbike competition) yet pretend there is some new danger.

Bullshit.

Brian Livengood got caught out … some percentage of people get tagged every year — it’s a tough world … and now he’s looking to pass the costs on to all of us. ME.

I’ve some empathy for Brian: my 68 y.o. father has titanium locking 5 vertebrae in place, daily reminder of an accident 4 years ago unloading goods from a trailer. It was an accident, plain and simple. No lawsuits needed, though he was entitled to workman’s comp.

I use the bathroom analogy often because it’s easy to relate to: If you’ve been using a tub for years and years, but one day you finally slip on the slick, wet surface and break your nose and chip a tooth, how on earth is the manufacturer at fault?

True, that’s not an apples to apples comparison because tires are a constantly developing product. But however rare tire explosions are, (isn’t it telling that they’re actually called something like “catastrophic delaminations” in industry-speak?) they are a *constant* risk.

It could happen on my 52-HP EX500. It is MUCH more likely to happen on 170+ mph Superbike that can squirm the tires out of pretty much every corner despite the continuing advances in available grip.

When you push the limits, you don’t know where all the soft spots are. Some places are hard — right now it’s tires. I’m just surprised no one has wizened up and sued a deep-pocketed manufacturer because the chatter on their bike was a known defect? How about steering dampeners … “Good heavens, the manufacturers KNOW their bikes are unstable, and they give us THIS Band-Aid? Call the lawyers!!!”

Believe me, I’m not heartless, nor do I dislike Brian Livengood in any way. (The only AMA riders I’ve ever personally met are LRRS privateers.) But I truly hope the case is thrown out before going to trial.

B.J. Worsham
LRRS/CCS #31
Old Westbury, New York


FIRST PERSON/OPINION:

Via e-mail:

When will it end?

I am thinking that driving a vehicle of any type at speeds close to 200mph is dangerous?

Are the releases signed by the racer(s) not valid?

While it is unfortunate that the racer in question crashed and is now injured, I would say that he and every racer knows the risks the first time they decide to push the envelope. Is there anybody who can tell me that racing vehicles of any type is somehow without risk?

Should Mr. Kato sue HRC for not providing stability control and air bags on his 211? How about the concrete company for making product that is too hard? Maybe the track operator for knowing that racers might exceed safe speed on the track?

If this lawsuit proceeds what will follow?

One possible result, a reduction in places to race, ride fast, do track days etc. Anybody recall places like Indian Dunes?

Curt Alexander
Santa Monica, California


FIRST PERSON/OPINION:

Via e-mail:

Re: Brian Livengood filing suit over “defective product design” in superbike Dunlop.

I don’t want to appear insensitive to Brian’s situation – any career ending crash is a tough thing for a racer to stomach – but suing a racing vendor is exactly the thing our beloved and struggling sport of road racing does NOT need here in the ever-so-litigous USA.

Steve Breen
Allen, Texas


FIRST PERSON/OPINION:

Via e-mail:

Wow. Unbelievable. What will people think up next.

I really hope that this is some vain attempt by an ambulance chaser to stir up some business. And I emphasize the word VAIN.

Last time I checked, Mr. Livengood was “racing”. And in the course of racing, things tend to fail. Especially when piloting a 1000cc superbike. It’s not like going to Mickey D’s and getting burned by a malicious cup of coffee – which I think has more of a basis for a lawsuit than Brian’s does. And I think that was a bullpuckey lawsuit, to say the very least.

I understand the frustration, believe me. I have had parts fail that caused me to crash during a race. I have had people take me out during a race. Was there ever an inkling to file a lawsuit? Hell NO!!!

In reality what caused the injury? Not the tire, the tire was just a preceding factor. Him hitting the wall that didn’t have an Airfence and was too close to the track was the more likely culprit. But, even in this regard, he knew the risk before he even took to the track.

If you want absolute safety in racing, sit in the stands. Better yet, watch it on TV. But then what happens when someone makes an incredible pass, you as a spectator jump in the air in excitement, spill your beverage and land in the slippery stuff and break a leg? Does that mean I get to sue the channel showing the race because they put me in jeopardy? Yeah, that has about as much credence as Mr. Livengood’s case.

Come on Brian, show some respect for the sport that you supposedly love. Or did at one point.

Gimme a break….

Steve Sturm
Glendora, California


FIRST PERSON/OPINION:

Via e-mail:

Oh my God, if this isn’t the thin edge of the wedge, I don’t know what is. Assumption of risk is an integral part of motorsport competition (or any sport, really). What about the racer that is t-boned by another rider? That’s racing. What about highsiding and getting unavoidably run over by a following rider? That’s racing. What about suffering such a massive impact that your top-of-the-line Arai or Shoei splits in two and you’re brain-damaged? Sorry to say it again, but that’s racing.

We all agree, by signing waivers, that we could be seriously injured or even killed, despite the best efforts of bike manufacturers, tire makers, race marshals, event organizers and even of fellow racers to mitigate those risks. We wear the best protection we can, we impose technical standards to prevent our bikes from leaking or losing parts while on the track, we sanction dangerous riding, we raise money – via things like the Roadracingworld.com Action Fund – to purchase and install soft barriers and we try to improve track designs to better insure rider safety. These are all things we can do. What we cannot do – as much as lawyers may wish to argue to the contrary – is achieve total control over our racing environment.

Dunlop and every other tire maker should make every effort to reduce the risks faced by racers who trust in their products, but If this lawsuit isn’t thrown out of court, we’re looking at the beginning of the end of our sport as we know it.

Mel Gantly
WMRC # 793
Victoria, British Columbia, Canada