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I'm always amazed by the stuff that goes on at some of the track events I go to. You knew it was only a matter of time until some kind of situation like this was going to come up. I don't know that you can legislate the risk out of racing or trck events. Short of being hit by a meteor you can probably always assign blame for an incident or accident that happens on track. I don't know how you blame Porsche on the product liability side for making a defective product. I've always been more scared by what happens on touring laps than the timed side of things. Didn't Mark Donahue's family sue Goodyear after his death? I remember there was a criminal investigation after Aryton Senna died on track. Does any one know how that ended up?
quote:
Originally posted by Terry:
http://www.sportscarmarket.com/content/carrera
Something to think about...


I agree. And that would be to think very carefully before driving a Porsche Carrera GT at high speed!

quote:
Originally posted by korina:
...I don't know how you blame Porsche on the product liability side for making a defective product...I remember there was a criminal investigation after Aryton Senna died on track. Does any one know how that ended up?


Regarding Porsche: If the manufacturer has a reasonable expectation to believe that their product can easily be misused by unskilled operators resulting in death, then there is at least some potential liability. At 2% they would have paid out $90K. Pretty light, all things considered.

In the Senna case, Williams technical chief Patrick Head and ex-designer Adrian Newey were acquitted of all charges brought against them. In the end, the judge ruled that there was 'no proof of blame'.
The interesting thing about those waivers is that in some states they apparently hold no protective power at all.

In general, acts deemed to be of gross negligence are not protected just because a waiver was signed and the people or organizations responsible are often held accountable (as in this case).
I spoke to a lawyer Friday about this. A waiver doesn't offer any protection from gross negligence. If I understand the ruling correctly, the track was held accountable for the change to the wall. I don't understand the product liability side where Porsche sold the car without computers or PSM or what ever they call their electronic nanny because they were trying to cheap out on a $400,000 car. How is the driver of the Ferrari get hit for 2% of the settlement? As I read the report he came out of false grid too slow or the flagger was slow in letting him go? Did he cross the blend line? Half the events I go to some one scuffs up their car. I know that because the events are called HPDEs that they are considered "driving schools" so that your insurance is supposed to be valid. I would hate to be the guy to test that. Can any insurance guys/lawyers here address that?
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