I just can't get past the part where he say's they are responsible for debris coming through a fence that has holes in it. Could you imagine paying 75 bucks for a seat & then watching the back of a fence ?? Hell I think I'll sue them for having seats & nobody using them !!!!!!

NASCAR fans exploring legal options

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Updated Feb 26, 2013 5:56 PM ET

ORLANDO, Fla. (AP)

The attorney for three NASCAR fans injured last weekend during a race the day before the Daytona 500 says they are exploring a possible lawsuit, but some experts say they could face tough obstacles in winning damages.

 

DAYTONA CRASH

• Nationwide wreck injures fans
• Video of wreck | Photos
• Fans react at the track
• Daytona 500 to go on
• Fans exposed to risks

 

Matt Morgan, the Orlando-based lawyer for the fans, said at a news conference Tuesday than any suit would focus on the safety fence used along the track at Daytona International Speedway. He said he hopes to reach a settlement with NASCAR to avoid a lawsuit.

More than 30 people were injured last Saturday after a horrific wreck in a second-tier NASCAR series race sent chunks of debris, including a heavy tire, into the stands. Morgan declined to provide the identities of his clients, but said two of them were seated directly in front of the crash and sustained injuries ranging from a fractured fibula to abdominal swelling. All have been released from the hospital.

Some experts say there could be grounds for a lawsuit, and that courts have looked past liability waivers written on the backs of sporting event tickets. Others maintain the ticket is a legal contract that could be hard to overcome in court.

'Ultimately, I believe it would be gross negligence,' Morgan said. 'We all know that when you go to a race you assume a certain amount of risk. But what people don't assume is that a race car will come flying into the stands... That's why they make the fences.'

Asked to comment on the fans' retention of a law firm, NASCAR spokesman David Higdon wrote in a statement, 'We are unaware of any lawsuits filed.'

 

NATIONWIDE CRASH

A scary wreck marred the end of the NASCAR's Nationwide race at Daytona. See photos.

 

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company. Spokesman Andrew Booth said, 'As per company policy, we do not comment on pending litigation.'

Donnalynn Darling, a New York-based attorney who has been practicing personal injury law for 30 years, said there is a theory that a spectator who buys tickets to a sporting event assumes the risk of objects coming out of the field of play, such as a foul ball at a baseball game.

But she said there is also a foreseeable risk question that promoters of events also accept.

'Did the sporting event promoter take action to prevent that specific risk?' Darling asked. 'In terms of this fence...it was put up to prevent people from being hurt. You have people who were not only injured by falling debris, but by the failure of the fence.'

Others say such restrictive clauses on the back of tickets are generally disfavored by Florida courts.

'If it's just something written on the back of the ticket and not called to the attention of the person purchasing, there's reason to believe many courts in Florida won't hold that they consented efficiently,' said University of Florida emeritus law professor Joseph Little.

 

ON THE SCENE

Shake and Bake blog was all over the big crash, including photos and tweets from the track.

 

Still, Paul Huck, an adjunct professor at the University of Miami School of Law, said contract law could take precedence.

'A ticket to one of these events is like a contract - and its provisions limiting liability are generally enforceable,' he said. 'We enter into these types of contracts on a regular basis, and we often don't give it a second thought that we may be limiting or even giving up certain legal rights when we do so.'

Darling also said that the fence's manufacturer at Daytona would likely be 'very much responsible' because of it being foreseeable that debris could go through a fence that has holes in it.

That seems to be theory that Morgan is adopting. He referenced a 2009 crash at NASCAR's racetrack in Talladega, Ala. in which a car that launched into the catch fence sent debris into the stands and injured several fans.

'At that point in time a group of engineers got together and they said `It's time for us to manufacture a safer fence,'' Morgan said. 'To my knowledge, that was done. But what we have to investigate at this point in time is what was done...If you can ever point to monetary considerations being put ahead of people, then there's a big problem.'

Darling predicted that NASCAR would try to settle with the injured fans.

NASCAR 'had an obligation to protect the fans that are so loyal, and it is bad from a public relations standpoint,' Darling said. 'So they're going to do something.'

CAJ

Ever read the liability release on your ticket?

You do not understand every race track in the world is watching this

It is very serious

Member of this message board since 1997

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Weren't several fans killed at a sprint car race back in the 80s? What ever happened with that?

Just another example of the "sue-happy" society ... I haven't sat anywhere down-close to a racetrack since back in the early 80's when a chunk of the wooden fence at Belle-Claire landed in my lap when a street stock hit it.. IMHO - those that sit close to a catch fence should understand the risks associated with sitting THAT damn close. Most REAL race fans know a better overall view of the track is available from the upper sections of seating - you *do* lose a little bit of the "sensation of speed" -- but it's generally a helluva lot safer place to be if something bad should happen...

Phil Taylor

home-theater-systems-advice.com

Member of this message board since 1997

Don't act for a second like sprint car racing isn't guilty of showing crashes in their advertisements.

In fact, I ask you to find one motorsports commercial that doesnt show a crash. In a way, you can

almost say NASCAR has earned a bit of a right to use crashes in their promos as I really can't

recall any serious injury since Dale Earnhardt's death with the exception of Steve Park's accident

at Darlington that same year. That doesn't make it okay but of all sanctioning bodies NASCAR is

at the top of their game when it comes to safety.

-Austin Rankin

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Does anyone recall the last time NASCAR has lost a lawsuit,i agree it will be settled out of court because NASCAR has some of the very best lawyers on standby and they dont like to lose and to the best of my knowlage never have and probably never will.............by the way NASCAR may make some changes about winning at all costs........because these accidents where cars have gotten in to the fence is because the drivers have used there rearview mirrors more then looking out the windshield,or a driver deciding to spin out a other driver coming to the checkers,which has been ok by nascar since its inception.thats what NASCAR calls racing,to me its called wrecking not racing.

Limaland has had signs posted for years about this very thing, You assuming risk. Most probably think that a tire would,could possibly come over the fence but they sure as hell don't expect an engine or a whole car to come through it. For years Limaland had a problem with chunks of mud coming over the fence, I'm not talking small either, Some of these things were pounders or better, Seen many people get nailed with them. EMT's had to come over 1 night for a dude that got hit in the chest. Seen a guy get nailed in the face & it was like they turned the spigot on on his forhead as the blood just flowed out his nose.

If we took a poll of the fans at any race we'd find a wide degree of interest and loyalty to the sport of racing. There are the hard core fans, those who occasionally attend a race and those who might not be considered racing fans but had an opportunity to go. If a hard core racing fan gets hurt in the stands they might accept what happened, deal with it as best they can and not take legal action out of a sense of loyalty to the sport. On the other hand if it's somebody who's relative or neighbor gives them a free ticket to their first ever race and they got hurt they're not going to have that same loyalty to the sport. If a hard core fan was severely injured, incurred a million dollars in medical bills, and could no longer work as a result of their injuries and might be able to salvage some semblance of a life for their wife and kids by filing a lawsuit what would they do? What would we do? What would we hold in higher regard, our wife and kids or our sense of loyalty to a form of entertainment?

Personally I think most racing fans who suffered debilitating injuries, huge medical bills and could no longer work might chose their families and do whatever they could to get by. The sport passes helmets and holds benefits for injured drivers, fans are soon forgotten. At that point they probably wouldn't care, they'd have far bigger problems to deal with.

Stan Meissner

Wonder how many were right back at the track on Sunday ????

I saw 1 woman who had her LEG BROKEN saying."I will be back tomorrow for the 500, I wouldn't miss it"

Darwin would have a field day with NASCAR fans...in fact, most racing fans anywhere.

Survival of the fittest...including intelligence.

And yes, NASCAR IS responsible. In law, there is a cause and effect. No such thing as an "accident".

Wait till O'Bammy decides to protect us from racin'. But he'll wait till he takes all the guns away from all those damn white people! Fundamental change means getting those dumb white folk to quit hangin' on to their religion, guns and racin'.

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