Scott participating in the NEOCycle cyclocross race ~ 2016
In Goss v. USA Cycling, Inc., 2022-Ohio-2500, the Eighth District upheld the dismissal of case where the injured cyclist executed a USA Cycling (USAC) waiver prior to participating in the NEOCycle Criterium.
On September 10, 2016, the plaintiff participated in two separate criterium races at NEOCycle event. On the final lap of the second crit, a cyclist in front of the plaintiff unexpectedly fell on the final turn of the race. The crash caused many cyclists, including the plaintiff, to lose control of their bicycles. Ultimately, the plaintiff crashed into a barrier, causing injuries to her neck, thyroid, larynx, and trachea.
A lawsuit was filed alleging negligence. More specifically, that “the race course design did not conform to USAC’s own safety standards, insomuch as there was insufficient distance from the race course’s final corner to the finish area. This insufficient distance caused racers to begin their ‘final sprint’ to the finish line before the final turn, thereby greatly increasing the chance for slide-outs and collisions.”
The Eighth District then provided an analysis of express assumption of the risk. For express assumption of risk to apply – and thus operate as a bar to recovery – the party waiving their right to recover must make a conscious choice to accept the consequences of the other party’s negligence. While generally disfavored, courts will uphold such waivers provided the “kind of liability and what persons and/or entities are being released, is stated in clear and unambiguous terms.”
In the Goss matter, the Eighth District reviewed the USAC waiver and determined the plaintiff released the event sponsors and organizers from all claims arising from their own negligence to the maximum extent permitted by law. The waiver expressly stated that the release applied to “all races and activities entered at the event,” and further required the plaintiff to acknowledge that “cycling is an inherently dangerous sport.”
As a result, the Eighth District held that under the doctrine of express assumption of risk, the terms of the USAC waiver prohibited the plaintiff from advancing claims of negligence against the NEOCycle organizers.
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