I got hurt on a trackday but organiser won’t accept blame
Question
Events company denying responsibility for my injuries.
I had an accident in the summer at a track day organised by a well known company. I now have constant aching and the possibility of future surgery. The investigation the company undertook showed I hit debris on the track from a previous race that they had not cleared. Their lawyers have told mine that because I participated in a dangerous activity I cannot claim as I accepted that it was dangerous. I did not sign anything and wonder what should I do?
Rob Evans, Ferndown
Answer
The Defendant’s solicitor appears to be relying on a defence called volenti non fit injuria which can be a complete defence when it applies. It seeks to argue that a person who volunteers to take a risk should not be entitled to claim should a risk manifest itself and result in injury. For example a boxer who is injured in a boxing match cannot claim for that injury as he has effectively consented to being punched. Mere knowledge of the risk of injury is not enough. Such a defence will not even get off the ground unless there is an agreement to waive any claim for negligence. The track day company owed you a duty of care which in my view (but a racing/track day expert may be required) they breached by not ensuring the track was safe for riders. I would get your solicitors to pursue the claim, assuming a race day expert can provide a positive report on breach of duty.
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