Legal fallout following Daytona crash
Injured fans could face uphill battle
- Duration 5:15
- Date Feb 26, 2013
Injured fans could face uphill battle
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-- escorted back in session on the docket today the NASCAR crash fallout.
New questions today about the level of safety you can expect when attending a sporting event like this one.
This comes after a fiery crash in the final lap of the Nationwide Series race in Daytona.
One that sent debris including a tire flying into the stands.
Dozens of fans were hurt -- said to be critically injured although they are expected to recover.
And now there is word of possible legal action as at least two with the fans retain legal counsel.
But do they have a case.
-- Allen is a former prosecutor now defense attorney Mercedes colon is a Fox News legal analyst.
The injuries they seem clear but the liability less clear your thoughts.
While the defense editor -- -- women they bought this ticket and they have that waiver but not so fast because the courts lol these waivers especially when you've got.
Catastrophic injuries like this -- of thirty individuals that are injured.
-- a couple of them in action at the hospital one of which had life threatening injuries.
-- -- -- going to look very clearly at that wavered if you look at the language of the waiver.
It says negligence so it doesn't cover gross negligence so what does that mean that means the -- -- floor is going to say wouldn't it.
How do we know that that safety fence is actually safe for those spectators you have the money to buy their ability to get them the best safety fence.
Would -- -- done you know these cars are going 200 miles an hour you hit that wall.
That debris is like throwing debris off the top of a skyscraper in Manhattan.
It's it's going to cause significant injuries.
And the other part which the places I was gonna hinge on them at Daytona.
Yeah after that the crest you told spectators don't have to think in that area if they feel uncomfortable you consider and other parts of the stand.
That the stadium holds a 160000.
People we know that it wasn't a sold out crowd there was plenty of seating is available.
They didn't have to fit individuals in that zone which is called -- zero.
They could have -- individuals and other areas.
And all of that.
Combined the waivers at risk and the plate -- but it played the picture actually have a camp the chance to actually win on this Randy.
It is unfortunate that people got injured however we look at a few very simple things in a situation like this.
We look at the question of risk I think we can all agree that car racing.
As a spectator.
And as a participate it's an inherently.
Dangerous sport as Mercedes just said.
These cars are going 200 miles an hour so -- -- -- a spectator.
On notice of the possibility.
All of an accident and the lower down I go the possibility increases the closer that I am to that -- -- that car going.
200 miles an hour.
That if there's an accident I could get injured so if I have knowledge.
A bomb on notice if I appreciate that risk I have assume that risk.
Throw out the license that that's on the back of the ticket lets talk common sense and if you don't believe me start telling the NASCAR fans we're going to build a forty foot high.
Concrete facts so you can't see it damn thing I tell me -- reaction they knew what they were doing they knew what they were getting -- it's unfortunate but it's reality.
About cities what what about that -- taken some people go to these events sadly.
Because they're kind of wondering whether something will happen and they want a front row seat to it.
I mean but that's part of the argument the defense -- going to argue but the counter to that is that when you -- -- -- of this -- side.
With a 150000.
Possibilities of where to fit you don't have to sit individual's right there right next defense.
Take the precaution and by the way the defense is it in and it felt we have we had.
A lot of cases involving the safety fences and that's the court and it's it's going to really focus them on as well if that safety that's really hold up to what it's required to do.
Thirty people got injured.
He was around the bend you know when these cars going around I -- to and I think that's going to zoom into NASCAR the driver of the car that's next.
Our -- so who is on the list of potential targets in a lawsuit and -- elected -- just settle this even if they don't think there's liability.
I don't know that we have enough time in the hit you've got NASCAR.
You've got to track owners you've got the driver you've got the manufacturer of the car the manufactured the aerodynamic package on the -- the flaps -- -- up for example.
That is supposed to keep the -- the -- down.
The maker of the beat beat beat this defense -- catch found my buddy list goes on an odd but like I said Marlon.
It's not right it's not right it's not right it's not right negligence means there's a risk you fail to see -- the -- -- -- everything they can do what they've got to balance that.
Against giving the spectators what they pay for his seat and.
-- -- the race itself but nonetheless there are 800 seats in the stadium but nonetheless Mercedes you guys -- -- as trial attorneys -- gonna sell.
This -- made all of these cases don't normally go to trial courts don't normally favor liability for the defendant they don't normally favored allowing a big award to the fan.
But don't you think this is gonna sell overseas.
100% correct they're gonna say this -- the PR mess and get it done get it resolved get a confidentiality.
Just sweep it under the rug.
We'll deal with this next time -- may be just reinforced offense that doesn't happen again.
Our panel good job thank you both well -- -- I think --