A number of motocross clubs in South Carolina offer on-site training and tracks for all levels, including those who have never used them before. However, when these facilities fail to take and put in basic safety precautions, people can get hurt, and families can suffer devastating losses.
Unfortunately, that was the fate of one family who took their son, a first-time rider, to a track called Club MX near Chesterfield, South Carolina. When the young rider rolled over instead of clearing a jump, and another more experienced rider jumped it, the second rider landed on the young rider because there was no way of knowing that he should approach with caution—no flaggers, warning systems, or clear line of sight to notify him that there was a young 13-year-old boy he was about to land on.
No Safety Standards, Laws, or Regulations in South Carolina
Unfortunately, this is not an isolated incident when it comes to motocross tracks in South Carolina. Without these facilities having any laws or regulations in place, there is no state or federal agency engaged in conducting inspections to make sure that these facilities are safe for public use. It also means that they do not have to address any particular safety or insurance standards. And without liability insurance, anyone who is injured or killed is left very vulnerable when it comes to potential accident expenses.
South Carolina Negligence and Liability Issues
Even without specific regulations, every facility has to ensure that it isn’t being negligent when it comes to taking reasonable care to ensure that visitors aren’t in harm’s way; otherwise, they can face personal injury and/or wrongful death litigation. And in addition, one can always look to those basic standards in place for American Motorcyclist Association events, which mandates that flaggers be on the track in order to properly warn riders when they need to proceed with caution. What’s more, when it comes to Club MX specifically, while the young 13-year-old rider signed a waiver, a parent/adult guardian did not sign one, which is unusual when it comes to liability waivers necessary to cover minors.
Unfortunately, motocross is not the only unregulated outdoor recreational activity. Parasailing, for example, is largely unregulated. Last year, one man reportedly lost both of his legs in a parasailing/boat accident in Myrtle Beach when the boat returned to shore.
