1 Risk Management At Motorsport Meetings Chris Jones Doodson Broking Group
2 AGENDA Introduction - My Role The Legislation Authorising Bodies The Legal Basis for a Claim Lessons Learned Questions
3 My Role Risk Manager Motorsport Events Festivals Sport Outdoor Pursuits Field Sports Hobbies
4 Motor Sport Legislation It exists! Sec 13A Road Traffic Act 1988 The Motor Vehicles (Off Road Events) Regulations 1992 Reality Police & enforcement agencies awareness is poor Fatal incident Polesworth Easter 2010 ORPA & MCF
5 Authorising Bodies Auto Cycle Union - ACU Motor Sport Association - MSA Amateur Motor Cycle Association - AMCA British Schoolboy Motorcycle Association BSMA Association of Rover Clubs Ltd
6 Authorising Bodies Contd Scottish ACU Youth Motor cycle Sporting Association YMSA National Traction Engine Trust International Organisation of Professional Drivers IOPD National Autograss Sport Association NASA NORA 92
7 A Mad World and a Serious World No win no fee lawyers Clients feel like they are always responsible Concept of balance of probability Need to prove their case with documentary evidence
8 What are we required to defend? Compensation culture a reality High risk sport and an easy target Personal injury lawyers don t recognise racing incidents only opportunities Someone to blame - with insurance cover
9 THE LEGAL BASIS OF A CLAIM Duty of care to riders, spectators and visitors Common Law Statutory duty: Occupiers Liability Act 1957 s.2(2): a duty to take such care as in all the circumstances... is reasonable to see that the visitor will be reasonably safe for the purposes for which he is invited or permitted to be there
10 THE LEGAL BASIS OF A CLAIM CONT D Loss / Injury Breach of duty Causation relevant to the incident? Decided on a balance of probability More likely than not 51 49% Limitation 3 years or more
11 THE LEGAL BASIS OF A CLAIM But this is motocross! Accidents are bound to happen There are always going to be racing incidents BUT Was the accident caused or could it have been prevented by actions of those responsible for the track/the day?
12 The cost of claims? 19-year-old rider Broken tibia and fibula Absent from work for nine months Provided with care and assistance by family Rider came off bike on track, during first lap of practice session Allegation that the cause was the condition of the track
13 The cost of claims? Liability was denied Statements obtained from 10 witnesses in defence of the claim Statements for the claimant from four witnesses Two-day trial in the County Court How much?
14 THE COST OF CLAIMS? Claimant s damages: 14,500 / 17,458 Claimant s solicitor s costs: 70,000 / 84,282 Defence costs: 16,500 / 19,866 TOTAL: 101,000 / 121,600 Claims inflation over 10% year on year
15 HOW DO WE DEFEND CLAIMS? Volenti non fit injuria to a willing person, injury is not done Does not provide a get out of jail free card to cause injury, or allow injury to be caused Beyond that: evidence, evidence, evidence
16 HOW DO WE DEFEND CLAIMS? Documentation prepared at the time of the accident is the most important evidence we have: Contemporaneous Not prepared with a claim in mind Prepared by experienced officials, on site
17 HOW DO WE DEFEND CLAIMS? It is as important to know what cases to settle as what cases to defend We can only do that with evidence Lawyers can never have too much information
18 HOW DO WE DEFEND CLAIMS? Serious incident Easy to recognise Immediate investigation Thorough witness statements Detailed account of all data Photos etc. But what about ordinary incidents?
19 HOW CAN YOU HELP? Regardless of seriousness Get the paperwork right!
20 Lessons Learned Its all about:- Culture Competence Appropriate Facilities Governance
21 Lessons Learned Check Status of Event Affiliated members club Promoter Limited company Sole trader Officials Volunteers Paid
22 Lessons Learned The show must go on!
23 Lessons Learned
24 Lessons Learned The track is the main focus but?
25 Lessons Learned Prompt investigation
26 Lessons Learned Maintenance
27 Lessons Learned Command and Control
28 Lessons Learned Track Guidelines
29 Lessons Learned
30 Lessons Learned It may be grass roots but!
31 Lessons Learned Uncertain levels of knowledge
32 Lessons Learned Reasonable things to keep people safe from foreseeable risk
33 Lessons Learned Get the paperwork right Event Permit Officials signing on sheet (inc marshal positions) Risk assessments Daily Check Sheets Rider Briefing CoC Checklists & Reports Stewards Report Track Plans standards Track Licence if applicable
34 Lessons Learned Get the paperwork right Contd. Rules & Regulations - SSOW Transponder data Scrutineering / Inspection Competition Licence Disclaimer/ Entry form First Aid / Injury report forms Witness statements Photos Remember paperwork created after the meeting: Club meeting minutes Social Media / You Tube
35 Effective Principle If its not written down, it never happened!
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