tab022308
At what point is it okay to sue a venue?
February 26, 2013 at 5:13 PM

So in the wake of the tragic accident at Daytona speedway as I suspected people are coming out with lawyers claiming they are sueing the Daytona raceway. But do the have a righty on the back of all NASCAR tickets it says " The holder of this ticket expressly 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 to said speedway and if affiliates and subsidiaries are hereby released from any and all claims arising from the event,including claims of negligence."  

So with any venue at what point do you feel this legal statement doesn't matter to you and you would sue knowing this is on the ticket to your event?

Replies

  • CountryStrong84
    February 26, 2013 at 5:14 PM
    What happened
  • sheramom4
    February 26, 2013 at 5:16 PM

    In my state you cannot sign away your agree to give away your right to sue, so the policy on the ticket wouldn't matter. I think if there was negligence that caused the accident then yes, they should sue.

  • tab022308
    February 26, 2013 at 5:17 PM


    At a nationwide race the cars wrecked and one flew into the fence and was ripped apart parts of the car flew over the fence into the fans and injured about 33 majority of them were consider minor injuries, all though there were a few who were more severe and needed surgery, all are stable and have left the hospitals 

    Quoting CountryStrong84:

    What happened



  • FromAtoZ
    February 26, 2013 at 5:20 PM

    I am not a lawyer so I can't really say, legally speaking.

    I knew people would sue.  Didn't take as long as I thought.

  • FromAtoZ
    February 26, 2013 at 5:20 PM


    Quoting sheramom4:

    In my state you cannot sign away your agree to give away your right to sue, so the policy on the ticket wouldn't matter. I think if there was negligence that caused the accident then yes, they should sue.

    Negligence.  I can see that.

    That is going to be hard to prove.  

  • tab022308
    February 26, 2013 at 5:24 PM

    negligence would assume they were not properly taking care of the safety measure of that fence I would think..now emotional distress is what the people's lawyer say are what they are going to try and claim with.. 

    Quoting FromAtoZ:


    Quoting sheramom4:

    In my state you cannot sign away your agree to give away your right to sue, so the policy on the ticket wouldn't matter. I think if there was negligence that caused the accident then yes, they should sue.

    Negligence.  I can see that.

    That is going to be hard to prove.  



  • tab022308
    February 26, 2013 at 5:26 PM


    No I didn't think so either, I knew it would happen. But knowing that's on the ticket when you buy it I know I'm going where there is a risk I might get injured I don't think I would have a right to sue. I go to races I always know that it might happen but don't expect it to happen.

    Quoting FromAtoZ:

    I am not a lawyer so I can't really say, legally speaking.

    I knew people would sue.  Didn't take as long as I thought.



  • FromAtoZ
    February 26, 2013 at 5:27 PM


    Quoting tab022308:

    negligence would assume they were not properly taking care of the safety measure of that fence I would think..now emotional distress is what the people's lawyer say are what they are going to try and claim with.. 

    Quoting FromAtoZ:


    Quoting sheramom4:

    In my state you cannot sign away your agree to give away your right to sue, so the policy on the ticket wouldn't matter. I think if there was negligence that caused the accident then yes, they should sue.

    Negligence.  I can see that.

    That is going to be hard to prove.  



    Yes, I would be looking at the fence first.  When I replied, my thoughts were with the vehicles involved.

    I can imagine there is much emotional distress after having gone through such an accident.  Personally, I cannot say I would sue.  I would be more inclined to want all of my medical bills paid, that alone would take care of the emotional distress.

  • FromAtoZ
    February 26, 2013 at 5:28 PM


    Quoting tab022308:


    No I didn't think so either, I knew it would happen. But knowing that's on the ticket when you buy it I know I'm going where there is a risk I might get injured I don't think I would have a right to sue. I go to races I always know that it might happen but don't expect it to happen.

    Quoting FromAtoZ:

    I am not a lawyer so I can't really say, legally speaking.

    I knew people would sue.  Didn't take as long as I thought.



    I hear ya.

    This is the first time some thing quite like this has happened.  I don't know that any one 'expects' something like this to happen...........but considering the sport and if people are paying attention........there is always a risk when you attend a race with cars going the speeds they are.  

  • tab022308
    February 26, 2013 at 5:31 PM


    I could totally see wanted bills paid, it has come out that the reason the car exploded like it did was because a clip that is supposed to be unbreakable Actually broke its the clip that basically holds the front end to the middle and Hendricks is helping NASCAR fund the testing to see why this happened.  

    Quoting FromAtoZ:


    Quoting tab022308:

    negligence would assume they were not properly taking care of the safety measure of that fence I would think..now emotional distress is what the people's lawyer say are what they are going to try and claim with.. 

    Quoting FromAtoZ:


    Quoting sheramom4:

    In my state you cannot sign away your agree to give away your right to sue, so the policy on the ticket wouldn't matter. I think if there was negligence that caused the accident then yes, they should sue.

    Negligence.  I can see that.

    That is going to be hard to prove.  



    Yes, I would be looking at the fence first.  When I replied, my thoughts were with the vehicles involved.

    I can imagine there is much emotional distress after having gone through such an accident.  Personally, I cannot say I would sue.  I would be more inclined to want all of my medical bills paid, that alone would take care of the emotional distress.