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NASCAR Fans to Sue, But Does it Hold Weight?

By Alex Johnston
Epoch Times Staff
Created: February 26, 2013 Last Updated: March 1, 2013
Related articles: Sports » Motorsports
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NASCAR fans to reportedly sue over injuries sustained during the Nationwide race at Daytona over the weekend. But there is speculation that the fans’ case to sue may not hold any water.

A lawyer for three NASCAR fans who sustained injuries when a car smashed into a fence during the Nationwide DRIVEFORCOPD 300 race at Daytona International Speedway on Feb. 23 said they are currently exploring potential legal options. However, the organizers of the race say they are free from any responsibilities.

Nearly three dozen spectators were injured during Saturday’s Nationwide Series race when Kyle Larson’s car flew into the catch fence. His engine and front tires were launched through the fence, causing injury.

Speedway spokesman Andrew Booth told the Daytona Beach News-Journal that the ticket for the race has a disclaimer on it.

“The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence,” he told the publication.

Luis Gracia, a lawyer for local law firm Rue, Ziffra, and Caldwell said that the disclaimer might be able to protect the Speedway in court. He said that in the past, some courts have upheld the disclaimer while some have not.

“It’s on the ticket,” Gracia told the paper. “It’s one of the conditions of you going into the venue. The ticket puts you on notice that basically you are buying the ticket and entering the venue contingent that you release them from any and all claims.”

Matt Morgan, the attorney representing the three injured spectators, believes there are grounds for a lawsuit against the race organizer.

“No fan assumes the risk of a car flying in the stands and suffering a significant injury,” Morgan told WFTV-9 in Florida.

He said the suit will focus on the makers of the 22-foot tall fence that separates the high-speed race cars and spectators. 

“What we have to investigate—what was done and was there a safer fence that wasn’t put in place because of monetary considerations?” asked Morgan.

FOX 35 legal analyst Diana Tennis said that words on the ticket don’t mean anything.

“Businesses often attempt to limit their liability by putting things like this on the tickets. Little teeny-tiny writing and no signatures on anything else. It’s really not going to be binding,” she was quoted by WOGX Fox 51 as saying.

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  • Louis

    Sue their A _ _ if not Civil Court then see if you can take it to Federal Court, you will get something their. FOX 35 legal analyst Diana Tennis said that words on the ticket don’t mean anything.

    • http://www.facebook.com/people/Wayne-Nagata/100002235363479 Wayne Nagata

      In civil court (where you sue for money) you are assigned to either state or federal court depending upon the amount of damages sued for. When ever you are injured, the more severe the injury the more damages can be claimed. (more money can be asked) If I were severely injured at a NASCAR race, say lose an arm, I would not turn the other cheek as some alleged fans have suggested.

  • http://www.facebook.com/josh.vargason.5 Josh Vargason

    [...] lawyers and people after a easy buck. I hope like hell that the courst through out this lawsuit. anyone that purchases tickets for motorsports know that there is a risk of being there. and if you dont then you have no right being at the race in the first place.

  • Terry Barker

    money grubbing lawyers … and pathetic law-suit looney liberals. NOT TRUE RACE FANS!!!!

  • just curious

    I hope they toss em from the courthouse with their damn lawyer head first. They can stay home and see every race on television with up close replays if they were worried about the risk. its suddenly a chance to gain wealth on a accident where NO ONE was at fault.

  • Josh

    Racing has always been a dangerous sport, the fans are not excluded from this.

    Hopefully they’re suing because they don’t have health insurance and not out of greed!

  • http://www.facebook.com/ronald.steele.77 Ronald Steele

    When entering any sporting event it is common law that is if something can happen it will. I am sure if disclaimers were not present for sporting events the general public would not be allowed for such reasons.
    Now for the fence, I believe in ALL CHAIN LINK fencing not one is designed to stop a tire or foregn auto part at such a high rate of speed. Brick fancing nor iron highway gaurd rails cannot stop a vehicle so I feel a fence with thin steel links will fail under an test. It is a chance we take just for the thrill and to support our favorite drivers. Anyone, anywhere, anytime can be injured on the street by out of control cars (insurance pays) but at a sporting event (really)

  • http://www.facebook.com/scott.williams.714049 Scott Williams

    really!!!!!! No fan assumes the risk of injury? When you go to an event such as a race, air races, boat races or monster truck races, one should assume that something out of control can and could happen. these events are high risk sporting events or activities and because of this the fan should realize shit can go wrong. If it does then you have no one to blame but yourself for attending. no one forced you to go, you didn’t have to go, stay at home like millions of other fans do and watch from the safety of your home. Just another or i should say just more people looking to get money from their personal decisions in life.. do not settle and do not award them in court either. Make them hold themselves accountable for their own actions and decisions….

  • NASCAR Fan Forever

    I think you take that risk in ANY sport when you buy a TICKET !!!!

    NASCAR did not tell those people to buy the tickets in the lower section and there was NO way NASCAR would know that CAR would crash into the fence and come apart like that. NASCAR IS NO WAY AT FAULT FOR THIS ACCIDENT, AS IT WAS AN ACCIDENT !!!

    NASCAR WILL STUDY AND CORRECT THE PROBLEM IF THERE IS ONE !!!

    That is like me suing a Soft Drink Company for putting sugar in there drinks and im a DIABETIC and my sugar goes HIGH and i end up in the ER !!!

    If i was NASCAR and LOSS this case THOSE people would NOT be allowed to be on ANY NASCAR Property for the rest of there LIVES !!!
    I WILL STILL GO TO NASCAR RACES AND SIT IN THE LOWER SECTIONS !!!

  • http://www.facebook.com/jane.moore.3954546 Jane Moore

    Yes, that disclaimer is worth the paper it’s printed on. You take a risk being at ANY sporting event. How many died the last time a section of bleacher collapsed at a ball game? Did they sue the construction company?

    And tell me NASCAR hasn’t already offered to pay all the medical bills for those hurt. It was a freak accident and thankfully no fatalities.

  • Ken

    Yeah! NASCAR dont need the fans just racecars.. LOL.. No sport can survive without the fans.. So why are they treated so poorly? Change is needed in this country.

  • http://www.facebook.com/mrbrown6767 Shannon Brown

    it sucks that this happened but the lawsuits wont happen the fans know there is a risk of that happening my thoughts and prayers go out to the fans injured but read your tickets there is a disclaimer on it

  • schapkj

    Money grubbing lawyer.


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