Negligence/sporting event?
I went karting yesterday on a popular local track (in England). I asked if the kart was safe as it look quite old but I was ensured they’d all been checked. However half way round I lost control when the steering and the breaks failed. Then one of the guys confessed that the karts are not regularly check like health and safety requires them too. I am now covered in cuts and bruises. I’ve asked for my money back but they’ve refused but offered me a free go (as if!). I know I signed a disclaimer stating that I understood karting was a dangerous sport etc. but I still expected to be provided with a safe kart and track. Surely despite the disclaimer they still have a duty of care to provide a safe environment for their customers? Does anyone know the legal position on this? Also, is there anywhere I can report this incident? E.g. local council/trading standards? I just feel someone somewhere must surely be able to investigate this independently and shut them down it's found unsafe.
Public Comments
- Report in to the local council - Health & Safety dept. Amongst other things the operators should have made a record of the accident.
- Get yourself an attorney..Solicitor? in England. Here in the USA if you want to go horseback riding at a Hack Stable, they may have a sign up stating RIDE AT YOUR OWN RISK. This does not mean anything for the most part.. It's more for intimidation and some dumb people may think they can't hold them responsible if they get hurt while riding one of the horses.. Truth being, horses are animals and can have a bad day like people. Also they have so many different riders (some who don't know a thing about them and actually harm the animal) so they can get moody and if you aren't a good rider, poor you.. But, negligence comes in only if you can prove that the stable gave you a horse to ride that is known to be unruly and not suitable for all riders. Or, the equipment on the horse was defective or not properly maintained or placed on the animal in correctly, such as the saddle.U can sue if you get hurt since the stable would be negligent in those cases.. As for your injury due to faulty equipment and not properly maintained, I would say most definitely you have a case. And, here, they would be investigated and fined as well as shut down until they are inspected again and pass. Since you were not permanently maimed but rather bruised up, you most likely would not get tons of money but I would think something..In the US, these places all usually carry insurance to cover accidents etc.. Since I don't know English law, I suggest you check with an Attorney there. Is there an office in your city that regulates rides and such? If so, call and file a complaint with them. I'm sorry for your injuries and hope you are recovering nicely.. Oh, and as to the offer of a free ride, Ha. that's a joke! Next time you could be killed! I hope you can sue them and help protect anyone else from serious injury.. Feel Better Joanie..
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