1 i dont see liability for the circuit but i do for the track day organisers / race organisers
2 if he is successful other riders from other countries will also try there luck
3 canapa did not intentionally injure another rider the injury was unintentional
This sort of COMPLETELY UNSAFE and recklessly harmful conduct has NO PLACE on a race track. Period.
you have never watched a race close enough , unsafe and reckless conduct happens at every corner its just more subtle . watch rossi closely he is a master , braking half way round a corner . lifting riders that try to overtake , braking on the straight , moving riders off line entering corners . as max biaggi said motorcycle racing is not country dancing
1. Track day organizers and race organizers already get liability waivers as a normal business practice. No waiver, no riding.
2. If the danger is that other riders who are intentionally taken out sue those intentional tortfeasors, so be it. If you are warning of these riders suing the track day organizers and race organizers, see #1 above.
3. Canepa intentionally punched the other rider's brake lever. What followed -- the crash -- was proximately caused by Canepa's intentional act. If you intentionally shoot someone without the intent to kill, it is still a homicide unless justified under other circumstances (self-defense, insanity, etc.). The intent to harm is not the intent. It is the intent to commit the act which has consequences that flow from it. A more extreme example of this is the felony-murder rule: if one intentionally commits a felony (such as assault and battery, robbery, etc.) and someone dies (even a policeman trying to apprehend the perpetrator) it is murder.
You seem to think that if you intentional punch someone in the nose, but don't intend to break their nose, then the absence of intent to injure is dispositive. That is wrong in any court of law.
4. I regularly watch roadracing (WSBK, AMA, MotoGP). I also have ridden my sportbikes at track days. There is a difference between aggressive racing (witness clashes involving Rossi, Marquez, Lorenzo) where there is contact, reckless racing where there is contact (see Jack Miller taking out Cal Crutchlow at Silverstone last weekend) and intentionally punching someone's front brake lever. This is not an aggressive/accidental rub in the last lap (see Rossi, Marquez, etc.), Rossi cutting across the Corkscrew to edge out Stoner, Hayden rubbing Dovi at Indy forcing them to jump the curbing or even Biaggi forcing Rossi off the track into the dirt. When race direction deems the move unsafe and reckless, the rider should be punished (as was Miller).
In what type of racing do you participate in where it is considered aggressive racing to punch another rider's brake lever?
?? That is not racing.
After enough true accidents involving brake levers being pressed on accidental contact, MotoGP revised its rules to require brake lever guards a couple of years ago. If you saw the Daytona 200 about 5-6 years ago, there was a horrible last lap crash that flipped a bike and rider at full speed when his brake lever was depressed. Any professional world-class rider LIKE NICCOLO CANEPA knows fully well what can happen when you punch race bike brake calipers at speed.
