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Re: [evolution-disc.] Re: Potential new helmet rule would

To: "Matt Murray" <mattm@optonline.net>, "Rocky Entriken"
Subject: Re: [evolution-disc.] Re: Potential new helmet rule would
From: "Steven T. Ekstrand" <cyberlaw@earthlink.net>
Date: Thu, 18 Nov 2004 08:09:59 -0800
Matt-

I disagree about the lawyer comment.  Nothing at all clear cut about this. 
Benefits to full face, but possibly a concern here with the air bags, no 
definitive answers.  There is a strong presumption that you assume the 
normal risks of participation in any sporting activity.  You'd have to 
demonstrate that the SCCA negligence in rule making created a non-normal 
risk.  I can't see it.  The last case I saw brought on a racing incident by 
a driver against a track and sanctioning body (as opposed to suits brought 
by passengers or spectators or crew), was dismissed on summary judgment. 
And that was plaintiff friendly Kalifornia.

I see this as something where SCCA references the papers and research in 
warnings, but does not create a rule.  There simply isn't any definitive 
evidence that there is a problem.  Yet, I have witnessed injuries resulting 
from having only an open face helmet.  There is a trade-off here, and those 
sorts of trade-offs are best left in the hands of the participant.

What if SCCA enacts a ban on Full Face helmets despite no definitive 
research and somebody is injured in a way that could have possibly been 
prevented by a full face helmet.  Now the SCCA has left themselves open to a 
lawsuit claiming the introduction of a non-normal risk for banning a 
potentially more protective safety device without definitive research to 
support the ban.

We're a no Open Face helmet family.  A close friend of the family ate a 
steering wheel in a racing incident when I was a young kid.  Dad threw our 
open face helmets away.  And we've all used Full Face helmets since.

-STE




>The
> lawyers would have their way with us. I'm wagering it will happen
> sooner than later.
>
> Matt Murray






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