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Did NASCAR do enough to warn spectators about storm?

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    Controversy over tragedy that killed one fan and injured others

  • Duration 2:11
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-- say they warned an estimated 85000.

Spectators take cover through the track's public address system and through its official Twitter page.

But officials did not issue an evacuation order for the entire grounds back to our legal panel Fox News legal analyst and prosecutor former prosecutor -- -- dollar criminal defense attorney.

Randy Zelnick is there a lot of questions about whether they should have put something up on the board that says something because it's so loud inside the raceway itself.

Readable to hear those sort thing for any of you have been there you know the noises like you know is really cool until you need here's confidence.

Hit the nail on the head shepherd two weekends ago I was at Six Flags which is big amusement park here in New Jersey in the same situation happened they just shut it down.

Every ride shut down it went -- closed and we went to anyone who worked there isn't what's going on was raining yet.

They said our meteorologists say there's a big storm -- and we have to split would -- sort of within ten miles of our facility either coming or going everything is shut down.

So we can have a choice really get a chance to use our common sense as individuals but they had a lot more information coming out there recreational I don't have my iPad.

I put my Blackberry away.

And they made the decision forest is a strong argument that can be made that NASCAR -- Multi billion dollar -- in the industry they have the meteorologist knowledge to say.

This is not good this is not gonna shut it down out issue and whether you -- -- -- water over the loudspeaker stop the race I mean.

What it was about football right football only -- for -- is that correct but I don't know what I'd like that would have been -- that lightning is is the killer.

A College Baseball moments that I go to a lot of baseball games on their lightning is is detected within five miles of the stadium they shut down everything immediately.

They don't make you do any thing but they shut down the activity your visited.

Right well and it goes to the question.

Of what did the track know.

And when did they know -- -- we just heard from Janice Dean apparently there wasn't very much notice and that was only notice of rain.

So a tragedy yes liability no and it's certainly too early.

To assess liability this is an act of god you assume the risk.

And it seemed like attracting everything that they reasonably could to let people know what was happening we'll follow it for you.