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I cannot speak for the legalities here, but I am very qualified to speak to the realities.
The reality is, he blew it! He just blew it. And if he can sue and win because he blew it, then I guess next, he'll sue because he hasn't won a national Superbike Championship yet either? Because either of those situations are clearly the fault of no one but himself.
He blew it.
Having attended hundreds of track days all over the country, and hosted dozens of them myself, and taught at many, many sport bike track-day schools as well, I fall back to the perspective that we all take when we swing our leg over that bike at the racetrack: We all understand the risk. We understand the responsibilities. We see the waiver that we sign as a mere formality, to reinforce what we all already know: which is that if we blow it, it's on us, as individuals.
No one made us blow it.
No one forced us to be there to begin with.
We all understand our health insurance is likely to deny claims. We all understand the risks. And the responsibilities.
All of us, it seems, except Daniel Kim.
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