2013年4月16日火曜日

Title: Nascar Fans to sue


Title: Nascar Fans to sue



Multiple fans that were injured in Saturday's crash at Daytona International Speedway have obtained legal counsel and plan on suing NASCAR for the scary event that injured 33 spectators.

At least three NASCAR fans  are planning to sue the Daytona International Speedway over a crash that injured more than 30 spectators.

The incident took place toward the end of a Nationwide race, as a car zoomed into the fence in front of the grandstand bleachers.

According to WFTV, drivers such as Tony Stewart have visited those hospitalized, while NASCAR has sent a customer service representative to check on them - but it's not enough for some Nascar Fans to sue  who are after legal.

No Nascar Fans to sue assumes the risk of a car flying in the stands and suffering a significant injury.


Three of the injured spectators have contacted the personal injury law firm Morgan and Morgan about a lawsuit. The firm’s founder John Morgan said that four other fans have made appointments to meet about their legal options because of  nascar fans to sue.


Morgan told the Daytona Beach News Journal that the main focus of the lawsuit will deal with the “assumption of risk.”

Morgan said that basketball fans sitting courtside assume that they are at some risk since there is no barrier between them and the players.

The Nascar Fans  at the Daytona International Speedway, however, had no reason to assume that they were at risk since they were sitting behind a protective fence.

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.

Some argue that spectators at races assume the risk of injury by attending such an event. The tickets even say that they do. But not everyone is sure of that.

This case here is going to be different because the fans who were sitting behind that fencing did not really assume a risk like you would think, because they were assured that fence could weather anything coming through it.

But I think Nascar Fans to sue also have to agree that the fencing that’s up is there for a reason, and they’d expect that that fence would withstand tires being blown through it.

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.


Three Nascar fans have already signed on to sue “Nascar Fans to sue”  Daytona over the crash and that more people have scheduled meetings. A representative for the Speedway, however, said that they have not received any legal notices about a lawsuit.


The lawsuit, if filed, will focus on the manufacturers of the 22-foot high fence and whether it was sufficient enough for an accident of this nature.

Daytona would likely be "very much responsible" because of it being foreseeable that debris could go through a fence that has holes in it  in which a car that launched into the catch fence sent debris into the stands and injured several Nascar fans to sue.

OPINION:


I  think the fact there was a breach, in fact, in their ‘security,’ certainly could open them up.

In the end, if it goes to court, a jury will end up making the decision about who, from the Nascar fans to sue. The driver to the raceway to NASCAR itself  is responsible for the injuries and who has to pay to Nascar fans. Ultimately, I believe it would be gross negligence. 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.

A ticket to one of these events is like a contract and its provisions limiting liability are generally enforceable. 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. NASCAR had an obligation to protect the Nascar fans that are so loyal, and it is bad from a public relations standpoint So they're going to do something about the issue of Nascar fans.

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