Following a two weeklong trial in the High Court in May, judgement has finally been handed down in Byrne vs MSVR. The judgement, which is wholly in Mr Byrne’s favour will change the face of safety in Motorcycle Racing.
PM Law client, Shane Byrne, a former six-time British Superbike Champion, was seriously injured at a BSB Test Day on 17th May 2018 at the Snetterton Race Circuit when he lost control of his machine and collided with a tyre wall barrier at turn three of the circuit “Palmer”. The accident left Byrne with serious injuries and ended his racing career.
PM Law argued that the injuries were caused when Mr Byrne hit the tyre wall barrier, a “Type D Additional Protective Device”, whereas had he come into contact with a “Type A Additional Protective Device”, an air-filled barrier which acts as a shock absorber, his injuries would have been far less significant and thus a Type A device was the appropriate form of protection for this corner, as it is on other areas of the Snetterton race track. A number of expert witnesses attested to this during the trial. This form of protection was available at the venue at the time but was just not in use at the time of the incident. Following Mr Byrne’s accident this type of protective barrier was then used at the race itself just a month later. Unfortunately, Shane Byrne relied upon the MSVR to keep him reasonably safe, but they failed to do so.
The trial at the High Court, lasted nearly two weeks and the judgement holds MSVR fully liable for Mr Byrne’s injuries.
Sabyta Kaushal, a leading Catastrophic Injury Solicitor and a PM Law Director representing Mr Byrne said: “I’m delighted that between us; Barrister Kiril Waite, our expert witnesses and I, we obtained justice for Mr Byrne, whose injuries were inflicted due to the lack of proper safety precautions in place at the Snetterton race track that day. Shane was at the height of his career and the injuries he sustained not only ended his career but also adversely impacted upon the lives and wellbeing of his wife and young family.”
Don Mackay, Chairman of The PM Law Group, added: “The Judgement in the case of Byrne v MSVR is a long-awaited landmark decision governing the legal responsibility of those who run motor racing circuits and events in Britain. It will end the somewhat seemingly cavalier approach to safety issues which has existed for years and will do so much to improve the safety of motorcycle racing competitors.”
Mr Byrne, can now start rebuilding his life, despite him not able to race again, with the justice he deserves. The next step of this claim is for the team supporting Mr Byrne to submit a final assessment for damages, based on his financial losses, injuries, and the impact this has had on his life.
