Quote:
Originally Posted by pointman
If Illinois law is anywhere near New York law, I am afraid Douglas has very little chance of recovery. Most likely they are trying to find a way to blame the polytrack since they are trying to get over the assumption of the risk doctrine that tends to apply to jockeys, i.e., a defect in the polytrack being something beyond the normal dangerous conditions that Douglas assumed when he got on the horse.
The law regarding assumption of the risk for jockeys tends to have harsh consequences to those that sustain serious injuries. I wish Douglas the best of luck in his pursuit.
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Wouldnt the fact that the other rider was given a harsh sentence for careless riding hurt their case that it was some kind of incidental contact? Or the fact that the horse landed square on him? And wont the defense trot out a bunch of other cases of jockeys paralyzed on regular tracks? It seems like they want to argue that the maintenance was lacking but how do you maintain a track so that it is "safe" for people to land on it at 35mph?