Regardless of what extra measures might be put in place, there could well be legal repercussions from last Friday’s Senior TT race crash.

Isle of Man advocate John Wright said the matter was not straighforward but raised many questions to be answered.

‘If it’s private land where they were standing that raises the question of whether the owner has an obligation to keep them safe.

‘If people had not paid to be there that makes them invitees and the Occupier’s Liability Act means one must then consider if the risk to those people was reasonably foreseeable.

‘It’s not the first time there has been an accident in that area so it may be reasonably foreseeable.

‘The important point as regards the spectators is that an occupier of land cannot exclude liability for death or bodily injury that is reasonably foreseeable.

‘You also have to consider whether they took all reasonable precautions to ensure people’s safety.’

He added there were potentially several parties who could have some liability in such a case. For example if there were a defect on the course that should have been sorted out then the government’s highways department could have some responsibility.

Similarly if there were a defect in the road that the TT inspectors had not investigated properly, they could bear some liability.

If the rider himself was in some way negligent, he could be found responsible, but in respect of a competitor there will be public liability insurance.

In addition there could be a defect in the machine – but that would be very hard to prove, he said.


John Turner
.

It is more than probable that the Public Liability Insurance arranged in respect of this event will indemnify, in addition to the Promoters and Competitors, Government Departments and also Owners and Occupiers of land directly adjacent to the course, in respect of any Legal Liability which may be incurred out of the running of the event.

(14-06-2013, 03:59 PM)Malcolm Wrote:

Advocate - John Wright

Regardless of what extra measures might be put in place, there could well be legal repercussions from last Friday’s Senior TT race crash.

Isle of Man advocate John Wright said the matter was not straighforward but raised many questions to be answered.

‘If it’s private land where they were standing that raises the question of whether the owner has an obligation to keep them safe.

‘If people had not paid to be there that makes them invitees and the Occupier’s Liability Act means one must then consider if the risk to those people was reasonably foreseeable.

‘It’s not the first time there has been an accident in that area so it may be reasonably foreseeable.

‘The important point as regards the spectators is that an occupier of land cannot exclude liability for death or bodily injury that is reasonably foreseeable.

‘You also have to consider whether they took all reasonable precautions to ensure people’s safety.’

He added there were potentially several parties who could have some liability in such a case. For example if there were a defect on the course that should have been sorted out then the government’s highways department could have some responsibility.

Similarly if there were a defect in the road that the TT inspectors had not investigated properly, they could bear some liability.

If the rider himself was in some way negligent, he could be found responsible, but in respect of a competitor there will be public liability insurance.

In addition there could be a defect in the machine – but that would be very hard to prove, he said.

John Turner
.

(14-06-2013, 07:02 PM)larryd Wrote: It is more than probable that the Public Liability Insurance arranged in respect of this event will indemnify, in addition to the Promoters and Competitors, Government Departments and also Owners and Occupiers of land directly adjacent to the course, in respect of any Legal Liability which may be incurred out of the running of the event.

(14-06-2013, 03:59 PM)Malcolm Wrote:

Advocate - John Wright

Regardless of what extra measures might be put in place, there could well be legal repercussions from last Friday’s Senior TT race crash.

Isle of Man advocate John Wright said the matter was not straighforward but raised many questions to be answered.

‘If it’s private land where they were standing that raises the question of whether the owner has an obligation to keep them safe.

‘If people had not paid to be there that makes them invitees and the Occupier’s Liability Act means one must then consider if the risk to those people was reasonably foreseeable.

‘It’s not the first time there has been an accident in that area so it may be reasonably foreseeable.

‘The important point as regards the spectators is that an occupier of land cannot exclude liability for death or bodily injury that is reasonably foreseeable.

‘You also have to consider whether they took all reasonable precautions to ensure people’s safety.’

He added there were potentially several parties who could have some liability in such a case. For example if there were a defect on the course that should have been sorted out then the government’s highways department could have some responsibility.

Similarly if there were a defect in the road that the TT inspectors had not investigated properly, they could bear some liability.

If the rider himself was in some way negligent, he could be found responsible, but in respect of a competitor there will be public liability insurance.

In addition there could be a defect in the machine – but that would be very hard to prove, he said.

John Turner
.

Thanks for you views Larryd, hopefully that will help reassure landowners around any road race circuit.