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If fans sue, will NASCAR and Daytona have to pay up?

First and foremost, I’d like to say that I, by know means, am making light of any of the injuries suffered by fans in attendance at Daytona (Fla.) International Speedway last Saturday for the NASCAR Nationwide Series race.

But are lawsuits really necessary? That’s not to say that any lawsuits have been filed at this point. According to NASCAR, it is unaware of any lawsuits that have been filed regarding the Daytona incident in which a race car got airborne, piercing the catchfence and then having its front end sheared off, with the front end of that car ending up on the fan side of the fence, injuring nearly 30 fans.

But according to a recent report in the Orlando Sentinel, a lawsuit is being considered. The Sentinal reports that Matt Morgan, an Orlando-based attorney is representing three fans who are considering a lawsuit.

Maybe these fans need help paying medical bills. I’d prefer to believe that rather than to believe that they’re some of those people who look for reasons to sue someone, just for monetary gain.

Again, I’m not making light of their injuries, but would such a lawsuit be fruitful for them? According to experts the Sentinel seemed to speak to, judging by its story, it probably wouldn’t be.

Some of those expets cited the presence of liability waivers printed on the back of event tickets. Others pointed out that the track took appropriate measure to try to prevent such an occurance — the installation of the catcfence.

Who’s responsible in such a situation that happened on Saturday? NASCAR? Daytona International Speedway? Fans in attendance? The drivers? I’m not really sure about that one. To me the most reasonable answer would be that it was a freak accident that, really, isn’t any of the aforementioned parties’ fault.

So, will there be a lawsuit or lawsuits? I don’t know, but it wouldn’t surprise me. If there is a lawsuit, will the suing party win? I think, probaby, yes and no. If it were to go to court, probably not. But I have a feeling that the defendant, be it the track, NASCAR or both, would settle for some amount to make the PR nightmare go away.

What do you think? Let us know. Follow Auto Racing Daily on Twitter @AutoRacingDaily or like Auto Racing Daily on Facebook. Amanda’s also on Twitter @NASCARexaminer and has a fan/like page on Facebook: NASCAR Examiner

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Posted by on February 28, 2013. Filed under Blog by Amanda Vincent,NASCAR. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

One Response to If fans sue, will NASCAR and Daytona have to pay up?

  1. rick48fan

    March 1, 2013 at 2:45 pm

    Medical bills; lost wages, additional travel costs associated with staying in Daytona longer for the hospital stay, pain and suffering, not to mention any permanent damage physically. Then of course there is the hope for a big payout because DIS and NASCAR have deep pockets. There certainly is precedent in hockey a few years ago when a little girl got hit with a puck and I believe died, and in baseball when the ball or bat flew up in the stands and hit spectators. I would be there will be a settlement to avoid litigation and precedent

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