When you visit a racing or go-kart track in Las Vegas, you’ll likely be asked to sign a waiver before getting behind the wheel. But what happens if there’s an accident? Here’s what you need to know about liability and your rights.
Understanding Liability Waivers Racing facilities typically require customers to sign liability waivers to protect themselves from lawsuits. These waivers are legally binding in Nevada, but they have important limitations. While a waiver can protect a facility from claims of ordinary negligence, it cannot shield them from
- gross negligence,
- reckless behavior, or
- intentional acts.
Ordinary vs. Gross Negligence There’s a crucial difference between ordinary and gross negligence in Nevada law:
- Ordinary negligence occurs when someone fails to take reasonable care that a careful person would normally take. For example, if a track employee misses a small tire leak during inspection, that would likely be ordinary negligence.
- Gross negligence involves a much more serious failure to exercise care. If an employee completely skips required safety checks, that could be considered gross negligence.
When Are Waivers Valid? For a liability waiver to be legally enforceable in Nevada, it must:
- Be written in clear language that an average person can understand
- Have important terms clearly visible, not hidden in fine print
- Only cover ordinary negligence
- Not apply to minors (parents cannot waive their children’s legal rights)
A Real-World Example In February 2017, a tragic accident at SpeedVegas highlighted the importance of understanding these waivers. At this facility, which allows customers to drive exotic cars like Lamborghinis and Ferraris on a 1.5-mile track, a customer and instructor were killed when their vehicle crashed into a wall. While the cause of the accident was investigated by Nevada OSHA, the incident raised important questions about liability waivers and safety practices.
Staying Safe at Racing Facilities While Las Vegas racing facilities generally have good safety records, you can take several steps to protect yourself:
Research Before You Go
- Look up the facility’s safety record online
- Read recent reviews
- Check for news about past incidents
- Understand what insurance coverage the facility provides
At the Facility
- Read the entire waiver carefully before signing
- If you’re uncomfortable with the terms, don’t sign
- Follow all safety rules strictly
- Ask specific questions about insurance coverage and get answers in writing
Protect Yourself
- Make sure your personal medical insurance is current
- Understand that even if you have a valid legal claim, resolution could take time
- Consider whether you’re comfortable with the inherent risks of high-speed driving
The Bottom Line While racing and go-karting can be exciting experiences, they come with real risks. Even though facilities require waivers, you still have legal rights – particularly in cases of gross negligence. However, the best protection is taking precautions before you participate and following all safety guidelines while you’re there.
Remember that legal cases involving racing accidents can be complex. If you’re involved in an accident, the facility’s liability will depend on various factors, including:
- Whether the facility was negligent
- The degree of negligence involved
- Whether the waiver was properly written and executed
- If all safety protocols were followed
- Whether the accident resulted from user error or facility issues
By understanding your rights and responsibilities before participating in racing activities, you can make informed decisions about your safety and legal position.
