A number of motocross clubs in South Carolina offer on-site training and tracks for all levels, including those who have never used them before. However, when these facilities fail to take and put in basic safety precautions, people can get hurt, and families can suffer devastating losses.
Unfortunately, that was the fate for one family who took their son, a first-time rider, to a track called Club MX near Chesterfield, South Carolina. When the young rider rolled over instead of clearing a jump, and another more experienced rider jumped it, the second rider landed on the young rider because there was no way of knowing that he should approach with caution—no flaggers, warning systems, or clear line of sight to notify him that there was a young 13-year-old boy he was about to land on.
No Safety Standards, Laws, or Regulations in South Carolina
Unfortunately, this is not an isolated incident when it comes to motocross tracks in South Carolina. Without these facilities having any laws or regulations in place, there is no state or federal agency engaged in conducting inspections to make sure that these facilities are safe for public use. It also means that they do not have to address any particular safety or insurance standards. And without liability insurance, anyone who is injured or killed is left very vulnerable when it comes to potential accident expenses.
South Carolina Negligence & Liability Issues
Even without specific regulations, every facility has to ensure that it isn’t being negligent when it comes to taking reasonable care to ensure that visitors aren’t in harm’s way; otherwise, they can face personal injury and/or wrongful death litigation. And in addition, one can always look to those basic standards in place for American Motorcyclist Association events, which mandates that flaggers be on the track in order to properly warn riders when they need to proceed with caution. What’s more, when it comes to Club MX specifically, while the young 13-year-old rider signed a waiver, a parent/adult guardian did not sign one, which is unusual when it comes to liability waivers necessary to cover minors.
Unfortunately, motocross is not the only unregulated outdoor recreational activity. Parasailing, for example, is largely unregulated. Last year, one man reportedly lost both of his legs in a parasailing/boat accident in Myrtle Beach when the boat returned to shore.
Contact Our Anderson, SC Personal Injury Lawyers
If you or a loved one has been injured or killed in an accident like this here in South Carolina, contact our experienced Anderson, SC wrongful death attorneys today to find out how we can help. Just because the individual who was injured decided to engage in an athletic endeavor like motocross or motorcycle riding does not in any way exempt blatant negligence by those who operate the facilities where they ride.
Christopher Pracht is an experienced Trial Lawyer who practices in Anderson, SC. He graduated from the Charleston School of Law, and has been practicing law for 10 years now. Christopher Pracht takes pride in representing those who have suffered a severe loss. Learn more about his experience by clicking here.