Looking at this from a business viewpoint, and not as a racer, the issue looks somewhat different. We have a known safety problem. The waivers, insurance, and articles of incorporation give us some protection. These things are like helmet, gloves and leathers, in this respect. They protect us but we still can get hurt.
We can feel the pain in different ways. One is the cost of a lawsuit. We know about this problem. Are we using "due diligence" to solve it? Is lack of sufficient action on out part negligence? This could be decided in the courts and it would be very expensive regardless of who prevailed. There is no guarantee of which party would eventually win, either. Our insurance carriers could take a skeptical view of this issue and either refuse coverage or make it very expensive. Our landowner could also show some concerns and the permit application requirements can reflect this.
Good business practice is to steer clear of problems like this. Uncertainty is a bad thing when an organization needs to plan for the future, and all good businesses do. Our sanctioning bodies, insurers, and race sponsors must be very concerned.
Any solution will need to consider materials such as tires, equipment, and the human factor. The fix must be idiot proof. Er, to be politically correct, "not subject to error in application." The solution may, and probably will, involve more than tire selection. Limits on sit-on bikes, such as no fuel or blowers in larger displacement classes? A possibility. Traction control for the big bruisers? Maybe.
External parties have the power to solve this problem for us. The solution might not be what we want. An alternative is for us to quickly fix the problem ourselves. This winter. As racers, we must realize that we cannot do business as usual. We must change, and we need to support our leadership with our good ideas and participation.
Now I will go back to loading the truck.