Through their attorney, three NASCAR fans injured during a race have stated that they are considering filing suit against race organizers. Tens of people were injured after the crash, which sent heavy debris into the audience, but the injuries of the three fans who may potentially file suit are reported to include at least a fractured fibula and abdominal swelling.
The crash occurred a day before the 2013 Daytona 500 – at the Daytona International Speedway in Florida.
As a general principle, those who own and operate sporting venues, like owners and operators of every other business that holds itself open for members of the paying public, have a general responsibility to provide for the safety of their guests. When the negligence of an owner, manager, or employee causes an injury to one of the business’ guests, the injured person is entitled to fair compensation.
Every potential personal injury case should be evaluated by an experienced attorney to determine whether or not a case even exists and, if so, what kind of damages the injured party can expect. Since each case is different, the specific facts will weigh heavily in determining what damages should be awarded. Some of the damages that may be awarded include medical expenses, lost earnings / wages, and pain and suffering.
Early Arguments of Both Sides
Even before an actual lawsuit has been filed, the case is already being discussed by the media. Experts believe NASCAR has a solid defense in that, with any sporting event, there is a presumption that ticket buying spectators assume the risk of being struck by an object from the field or track. Plus, each ticket contained a liability waiver printed on its back.
Other experts argue the injured parties have a better case against NASCAR because of something known as “foreseeability”. Basically, if NASCAR could foresee the risk of an injury while spectators could not, then it may be found liable for failing to take steps to prevent the risk. In this case, a fence existed around the entire track, which many could argue provided a false sense of security, particularly because the fence in this case failed – a major contributing factor in some of the injuries sustained. Some experts even say that the manufacturer of the fence should be held liable, because it should have foreseen that debris from a crash could easily penetrate a fence with such big holes in it.
They further argue that contracts printed on the backs of tickets, which the spectator’s attention is not typically drawn to, have held little force in many jurisdictions.
If Injured at a Sporting Event
When an injury is sustained at a sporting event and the injury victim believes the injury could have been avoided if not for the negligence or recklessness of those responsible for the venue, the victim should seek out the advice of attorneys for bodily injury claims after seeking appropriate medical care. It is important for injury victims to seek legal advice as quickly as possible after their injury, as it is always better for attorneys to work with recent events and fresh facts.