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NASCAR fans to sue? Maybe not

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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."

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.

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