Michael Allweiss sends letter to race sponsors
01-14-2012, 05:35 PM
#151
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Marginnm:
If you review my prior post number 108 you will understand which type of sponsor may or may not have some type of liability.
A managing, controlling or executive type of sponsor is what the letter seeks. This would be a sponsor, organizer, promoter who has some influence and control over how the event is managed or run.
The advertiser who pays the sponsorship fee to display a logo is not the target, nor can you attach liability for such conduct. I am not a Florida attorney, but I was informed this type of sponsorship i.e... where the party has no control does not fall under the statute cited.
Whereas if you had some say/control in how the event was run or how things were laid out then you have something to worry about.
Footnote: Marginnm I did not mean to single you out as this misconception had occurred earlier as well.
____________________________________
On the Issue of Safety:
It has been my experience that organizers and promoters are not the catalysts for safety changes in any form of motorsport or activity.
The primary industry for safety changes is insurance companies and their risk management departments. They assess incidents and then require certain criteria to be made available as part of any coverage to an event. You certainly cannot count on a promoter or organizer who's bottom line is affected to force changes. Their job is to put on the show and if they do so with certain requirements imposed by carriers and underwriters then it makes it better for everyone. In this thread alone I have read so many great points which should be adopted to make our sport much safer. However, it cannot be at the discretion of the promoter/organizer it needs some enforcement mechansim which will obtain compliance everytime or risk denial of coverage and or being hailed into a court if something does happen at their event.
If one cares to look at IIHS the acronym for Insurance Institute for Highway Safety. You will get a better idea of how risk management and safety go hand in hand. One need only look at everything from tires, toys and automobiles and you will understand. It is usually a carrier either through litigation or some type of public risk that safety changes are implemented.
In this tragedy, if certain safety mechanisms or requirements [i.e...minimum number of safety personnel] are imposed made mandatory by the insurance company providing coverage for the event. Then it will ultimately be a benefit to all involved from participants, racers and fans alike.
KAP
If you review my prior post number 108 you will understand which type of sponsor may or may not have some type of liability.
A managing, controlling or executive type of sponsor is what the letter seeks. This would be a sponsor, organizer, promoter who has some influence and control over how the event is managed or run.
The advertiser who pays the sponsorship fee to display a logo is not the target, nor can you attach liability for such conduct. I am not a Florida attorney, but I was informed this type of sponsorship i.e... where the party has no control does not fall under the statute cited.
Whereas if you had some say/control in how the event was run or how things were laid out then you have something to worry about.
Footnote: Marginnm I did not mean to single you out as this misconception had occurred earlier as well.
____________________________________
On the Issue of Safety:
It has been my experience that organizers and promoters are not the catalysts for safety changes in any form of motorsport or activity.
The primary industry for safety changes is insurance companies and their risk management departments. They assess incidents and then require certain criteria to be made available as part of any coverage to an event. You certainly cannot count on a promoter or organizer who's bottom line is affected to force changes. Their job is to put on the show and if they do so with certain requirements imposed by carriers and underwriters then it makes it better for everyone. In this thread alone I have read so many great points which should be adopted to make our sport much safer. However, it cannot be at the discretion of the promoter/organizer it needs some enforcement mechansim which will obtain compliance everytime or risk denial of coverage and or being hailed into a court if something does happen at their event.
If one cares to look at IIHS the acronym for Insurance Institute for Highway Safety. You will get a better idea of how risk management and safety go hand in hand. One need only look at everything from tires, toys and automobiles and you will understand. It is usually a carrier either through litigation or some type of public risk that safety changes are implemented.
In this tragedy, if certain safety mechanisms or requirements [i.e...minimum number of safety personnel] are imposed made mandatory by the insurance company providing coverage for the event. Then it will ultimately be a benefit to all involved from participants, racers and fans alike.
KAP
Last edited by kap328; 01-14-2012 at 05:36 PM. Reason: Added Footnote to Member
01-14-2012, 09:44 PM
#152
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Marginnm:
If you review my prior post number 108 you will understand which type of sponsor may or may not have some type of liability.
A managing, controlling or executive type of sponsor is what the letter seeks. This would be a sponsor, organizer, promoter who has some influence and control over how the event is managed or run.
The advertiser who pays the sponsorship fee to display a logo is not the target, nor can you attach liability for such conduct.
If you review my prior post number 108 you will understand which type of sponsor may or may not have some type of liability.
A managing, controlling or executive type of sponsor is what the letter seeks. This would be a sponsor, organizer, promoter who has some influence and control over how the event is managed or run.
The advertiser who pays the sponsorship fee to display a logo is not the target, nor can you attach liability for such conduct.
Saunders, like other sponsors, said he simply wrote a check to the race organizers to have the Fury logo featured on advertisements, posters and other event publications.
http://keysnews.com/node/37117
Thanks for the clarification. The article stated that mere advertisers did receive the letter so I can see how people would think the worst. Most of us are on this website because we love this sport and are bound to have strong reactions to any perceived threat to it. I say that with the total realization that three deaths in a matter of days is the biggest threat and that must be rectified in order for the sport to survive.
01-14-2012, 10:16 PM
#153
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Just out of curiosity... Are any of these businesses in KW that received this letter bound to have to provide their Insurance information to Mr Alweiss? I mean doesnt it have to be subpoenaed? Is this just a scare tactic so these businesses dont advertise with JC anymore and in turn loses support of the town and KW is just nothing but a memory?
01-15-2012, 08:10 AM
#154
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"This just represents the legal system's exploitation of every possible avenue," said Scott Saunders, owner of Fury Water Adventures, who criticized Allweiss and all lawyers for such liability concerns. "We just won't have events here anymore if everyone has to be worried about liability and lawsuits. I know I won't sponsor them if I have to be worried about lawsuits, and get my insurance company involved every time."
Saunders, like other sponsors, said he simply wrote a check to the race organizers to have the Fury logo featured on advertisements, posters and other event publications.
http://keysnews.com/node/37117
Thanks for the clarification. The article stated that mere advertisers did receive the letter so I can see how people would think the worst. Most of us are on this website because we love this sport and are bound to have strong reactions to any perceived threat to it. I say that with the total realization that three deaths in a matter of days is the biggest threat and that must be rectified in order for the sport to survive.
Saunders, like other sponsors, said he simply wrote a check to the race organizers to have the Fury logo featured on advertisements, posters and other event publications.
http://keysnews.com/node/37117
Thanks for the clarification. The article stated that mere advertisers did receive the letter so I can see how people would think the worst. Most of us are on this website because we love this sport and are bound to have strong reactions to any perceived threat to it. I say that with the total realization that three deaths in a matter of days is the biggest threat and that must be rectified in order for the sport to survive.
01-15-2012, 01:19 PM
#155
Geronimo36
Gold Member
I'm sure that over the course of time they'll get to the bottom of everything but, at what expense?
Our of curiosity, has the crew been notified of their liability and/or potential suit? Is the other member who was in the cockpit been notified? Perhaps JC's lawyer or the insurance co's lawers(s) would counter sue?
Was there something the crew did to the boat just prior to the race and after safety inspection that could have inhibited a timely rescue? Why did the other person get out without issue? Did the escape hatch operate properly before the race? Did the pit-crew check the harness for proper operation? When was it last serviced?
Lots of questions I'm sure the insurance company and investigators will want answered but they wont be answered definitively on OSO, that's one think I'm sure of.
Our of curiosity, has the crew been notified of their liability and/or potential suit? Is the other member who was in the cockpit been notified? Perhaps JC's lawyer or the insurance co's lawers(s) would counter sue?
Was there something the crew did to the boat just prior to the race and after safety inspection that could have inhibited a timely rescue? Why did the other person get out without issue? Did the escape hatch operate properly before the race? Did the pit-crew check the harness for proper operation? When was it last serviced?
Lots of questions I'm sure the insurance company and investigators will want answered but they wont be answered definitively on OSO, that's one think I'm sure of.
01-15-2012, 06:58 PM
#156
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01-15-2012, 08:58 PM
#158
VIP Member
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I have read most of the posts regarding this lawsuit, some members on this site are not fond of lawyers, I have no problem with that, but do not group all lawyers as scum, that is nonsense - bullsh*t.
PS I do criminal and traffic law (DUI).
Stephen R. Jones
Attorney-At_Law
Last edited by Smarty; 01-15-2012 at 09:57 PM. Reason: cleaning it up
01-15-2012, 10:31 PM
#159
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When I sign the SBI waver thats my choice and know that I we r on our own. There is so many thing that can go wrong that if you arent ready to save yourself you should stay on the dock.
Ofcourse we depend on rescue but s**T happen I can name 10 diiferent probems that could delay resue diver from getting to us as quick as I would like but it happen. If there was a multiple boat accident in the same turn I'm sure it would take longer then normal. The first and most important thing we are taught in the pool is to NOT try and get out and wait for HELP , stay common use your air and wait. Our tanks are big enough that we could have lunch while we were waiting, beleive me these guys know what they are doing and they will be there in a matter of a min. have seen in numerous times. Let them do what they r trained to do ....
Ofcourse we depend on rescue but s**T happen I can name 10 diiferent probems that could delay resue diver from getting to us as quick as I would like but it happen. If there was a multiple boat accident in the same turn I'm sure it would take longer then normal. The first and most important thing we are taught in the pool is to NOT try and get out and wait for HELP , stay common use your air and wait. Our tanks are big enough that we could have lunch while we were waiting, beleive me these guys know what they are doing and they will be there in a matter of a min. have seen in numerous times. Let them do what they r trained to do ....
I would also agree that Allwiss would have a conflict of interest in this case....
Last edited by pullmytrigger; 01-15-2012 at 10:34 PM.
01-15-2012, 11:04 PM
#160
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What are people talking about with regards to Mike Allweiss having a conflict of interest? Is he also representing SBI? Just because he has prior experience or even possible prior legal issues with SBI, that is not a conflict of interest......it's nothing of the sort!
