From Energy FM news 05 Aug - probably best here ....



A road racing fan is fighting for compensation after being injured in a crash on the Billown circuit last year.

Andy Green from Findern in Derby was a spectator at the Steam Packet Road Races in June 2007.

The 43 year old was filming the event at Cross-Four-Ways when he was hit by a bike as it crashed out of the race.

He suffered severe injuries to his lower right leg and has to go back into hospital later this month to have his bones broken and then reset.

Mr Green also recalls several other people were injured including a female photographer who had teeth knocked out in the collision.

The father of two was standing behind an 18 inch wooden fence near to a burger van. Because of the location of the van he presumed the area was safe for spectators.

The engineer says he’s lost up to £9,000 in earnings.

Now Mr Green plans to see a Manx advocate after learning “ No Win, No Fee” lawyers can’t claim for compensation on the Island.

He’s aware his move will attract some criticism:

" When you go to an organised bike race in England, it even says on your ticket you spectate at your own risk. However, it didn't say that on the programme I bought for the Billown Races. It just mentioned 'all reasonable precautions'. It's not as though I'm going for a lot of money, it's just what I've lost. To me, it's not a 'get rich' campaign. It's about making it a bit safer because we all enjoy it."

If he gets it I hope he chokes on it, that sort of thing will kill the sport.

That's only his version of what happened, and if he's been to races in England and read warnings would he not assume racing here was also risky.

???, cr@p like this is killing the sport. Why do people expect to get given huge sums of money for not having their hand held? These is such a thing as reasonable care, and one presumes after last year's TT the S100 Club would be well aware of that and control of spectator areas.

What do people expect if they stand on the outside of a bend near a racetrack?

I am an Engineer & get one years full pay for being off sick , cany be a very good firm he works for with no sick scheme , loads of b------s if you ask me , i ilstened to it on the radio tonight , if this sets a presedent ( think thats how you spell it ) & he gets compo it will finish it , we all know racing is dangerous & we all take a chance watching , if he has been spectating for as long as he said on radio since 72 i think , he should hang his head in shame & know better .

Also marc Ramsbothams wife is contemplating sueing the organisers for the way she was treated after the race , dont know much about this but i do know Wyn Evans who is in charge of this side of the riders welfare was deeply upset about allegations made after the death of Marc .

Come on kiddies, join the real world!

Nowadays, the first question asked after being picked up, whether spectator or rider (in Ireland at any rate, where the latest successful rider/ claimant was a Clerk of the Course of many years' standing) is "Who can I sue??"

That's the way the world now is, and it'll eventually see our sport priced out of existence.

You heard it here first . . . . . . . . . . . . . . .

Wouldn't it be wonderful if one of these people LOST their claim or we had a judge who had the courage to challenge this new way of making a small fortune?
As often as not people cave in and pay up, out of court, because otherwise the costs of the legal process are beyond their means, and way beyond anything the pursuer gets at the end.
However, at least here we don't have the iniquitous "No win, no fee" system, so that may deter someone who is a legal "man of straw" from taking on a case he just might lose, and have to pay the costs, if only a club is daring enough to take the chance.
Of course, the best of all would be if a club could prove a person suing them was in the wrong, standing where they shouldn't, or had been told etc.
I recommend that anyone who is regularly watching sports of any kind (or is accident prone like my family!!) gets good accident insurance, and then they can claim if something happens.

Unfortunately if a spectator was injured standing where he shouldn't the club would definitely be held responsible for not moving him sharpish out of harm's way. If that wasn't clear before it should be after TT07

My best hope is the S100 club did its risk assessments and implemented its procedures correctly, which should then minimise their liability for spectator injuries and together with the disclaimer on programme/tickets/ noticeboards round the track, should provide reasonable protection.

Sadly there's no 100% protection against muppets like this but if some start losing cases and getting costs awarded against them maybe the message will start to spread. I won't hold my breath though.

I may be wrong but I seem to remember that the ACU had a clause in the entries application that a rider could not take legal action in the event of an injury. This clause is illegal and is against human rights, I also feel that it would be the situation in this case. If he does take legal action he will certainly win.

http://www.three.fm/article.php?article=3830

What a tit. When you stand (or sit) inches away from the braking area for a corner with nothing to protect your legs you can assume there is a good chance you will end up with broken legs.

Maybe the S100 club should counter sue him for stupidity of for him not buying a burger from the van - that is how stupid it is getting.

Interestingly he was not in a Prohibited area or in an area that should have been marked prohibited. So all the rubbish over the Senior TT incident does not apply here. In fact you can still watch there today at your own risk.

He can't honestly say (or a court believe) that because he wasn't told road racing was dangerous he didn't believe it was. Any rationally minded person would understand that and would not choose to sue (however much he is dresing it up).

I would love this to go to court and him get nothing but a legal bill.

Ah, but, Oatssi, he has had the expert opinion of F C Moore, who states unequivocally that "If he does take legal action he will certainly win."
If I get myself into a dangerous situation against all common sense, I will certainly consult that highly qualified QC...oh, no, not qualified... that should have been opinionated.
I seem to recall the same person moaning about the number of prohibited areas ruining the TT.

FC Wrote:I may be wrong but I seem to remember that the ACU had a clause in the entries application that a rider could not take legal action in the event of an injury. This clause is illegal and is against human rights, I also feel that it would be the situation in this case. If he does take legal action he will certainly win.

http://www.three.fm/article.php?article=3830

Refering to the widow considering legal action.
A much longer headline article about this ladies intentions appeared on the 4th August 08 in our local Eastern Daily Press and was repeated that night on Anglia Television News so someone is seeking maximum media coverage.What annoys me in both articles was the repeated reference to the organisers not showing or giving any help to the bereaved as I know this to be untrue and both personnel and financial help was given.
If the news media is to make these statements they should have the decency to check out the allegations with the people involved and listen to the other side of the story.I was tempted to get in touch with the Press over this article and give them the contacts in the Isle of Man who they should speak to.
I hope our taxes ar'nt providing legal aid

thewitch Wrote:Ah, but, Oatssi, he has had the expert opinion of F C Moore, who states unequivocally that "If he does take legal action he will certainly win."
If I get myself into a dangerous situation against all common sense, I will certainly consult that highly qualified QC...oh, no, not qualified... that should have been opinionated.
I seem to recall the same person moaning about the number of prohibited areas ruining the TT.

Excuse me, if he was at a Burger van and had bought anything he then becomes a paying customer, where is the public liability insurance.
He says he was stood alongside a Burger Van, a facility open to the public and not in a restricted area or an area considered a danger to the public. Who's responsibility was it to site the Burger van at this area.
It was a freak accident and not the fault of the spectator in this case, he has lost out financially and has suffered pain. All he is asking is for loss of earnings and to me that is a reasonable request, He could claim for a lot more like for pain and suffering but is not. Its not a big sum of money and would be a good gesture to pay the man.

Yes Helen I did complain about restricted area during TT and stand by them complaints, this accident is a different case and should be treated as such.

Quick question, if you had been stood outside a burger van and were hit by a vehicle and badly injured would you claim

No Colin i would not claim because no one forced me to stand there in the first place , the whole thing is pathetic , to me he just wants the organisers to pay his sick pay for nine months why?
To have specated for as long as he has & not be aware of the dangers or possibilities of potential accidents he is either stupid or pulling a fast one .
Still dont believe he never got any sick pay or support , what would happen if you fell off a hedge & broke your leg or arm would you then sue the organisers because you where on your way to spectate & there where no warning signs on the hedge that it may be slippy etc etc etc . Total b------s .
Arthur your post regarding Marc Ramsbothams wife is spot on , as i said in my earlier post i know Wyn Evans was very upset about the comments & accusations levelled after the tragedy on the mountain . And i also know when i lost my brother my family recieved tremendous support from all involved , i think when people talk about support they mean how much money they can get , not emotional support .

Those of you who know me will understand that I can't comment on incidents such as these,particularly as I don't know the facts.We all only have the story from the injured man, and the media.Many more restrictions have been put in place since TT2007,and these have to be accepted and understood by all concerned with the racing.I do know that Wynn Evans was of immense help and support to myself and family,and I have no doubt that she offers the same suport to other injured riders and their families.That is how Wynn operates, together with most of the organisers too.All of you,please take care, and use your common sense when trying to get the best vantage point in the house!

Tell the guy to go and have cold shower and think about it.
If you go to motor racing, as we all do, then if you don't know it is dangerous then you are some sort of mental cripple.
Racing bikes and cars are hard things going fast, for Christ's sake you don't need a College education to know they are dangerous.
But we choose to go near them and vicariously get a thrill from that very danger. When it all goes pear shaped and we get hurt then it is very sad and everyone is sorry for you, but YOU went there and YOU took the risk so tough luck old chap. If you don't like the heat get out of the kitchen. If you go on an airplane you won't be around to claim if you have an accident. You go to races to watch other people take risks and test the limits of adhesion but YOU don't want to take any responsibility YOURSELF- get a life man!

Well if he wins the claim all I can say is I think the club should put a counter claim in for the use of the medical services provided by the club at the clubs cost that he used.... the helicopter for one. But keep the claim on the QT until his is finalised in case he includes the cost in his claim ....lol oopppssss

And I would have thought that a UK lawyers couldn't claim on the Island as they do not have the correct liscence to practice Law on the Island. So Manx Lawyers, and you know how much they cost, fees for flying here and giving evidence against the risk of loosing the claim in the first place. A risk i suggest may not be really worth taking.....

Also the fact that there are numerous 'Motorsport is dangerous' signs all over the place surely this must have given him some sort of clue..... feel sorry for him though having a broken leg .. he he he he

I really want to see this case tested. It is so unclear where liability starts and stops. For example, say a fan is knocked down after roads open because the crowds are so big they were was pushed on the road walking home - does that mean they can sue the club?

Would love to get it settled once and for all. The TT organisers appeared to guess at where their liability stopped and made a royal cock up of it this year. Best TT ever though apparently.

Don's posting reminded me about the spectators I detest... the ones who come to see an accident, and the gorier the better. Twice when collecting for the families of riders killed racing I have come across people who said "Why should I give anything for them? He chose to do it, and I came here to be entertained seeing people fall off. That's what I paid for at the gate. He should have thought of his family first."
In fact those are the exact words of one of them, and I can still hear his voice and see his face (and his grinning wife's) yet... 20+ years later.
Bet he'd have sued if he'd been hurt.
Gosh, I had forgotten how angry those people made me.

The whole find someone to blame and sue them culture make me sick to the back teeth.

And soon enough the people who indulge in this kind of legal action will destroy not just road racing but all motorsport............

Here in Ireland the process has already begun