At least three NASCAR fans are planning to sue the Daytona International Speedway over a crash last weekend that injured more than 30 spectators.
According to Beyond the Flag, three of the injured spectators have contacted the personal injury law firm Morgan and Morgan about a lawsuit. The firm’s founder John Morgan said that four other fans have made appointments to meet about their legal options.
Morgan told the Daytona Beach News Journal that the main focus of the lawsuit will deal with the “assumption of risk.” Morgan said that basketball fans sitting courtside assume that they are at some risk since there is no barrier between them and the players. The fans at the Daytona International Speedway, however, had no reason to assume that they were at risk since they were sitting behind a protective fence.
“When you go to a sporting event, if you are underneath the basket that’s where your seat is and Shaquille O’Neal comes after a loose ball and dislocates your shoulder, you sat there knowing that was a risk … This case here is going to be different because the fans who were sitting behind that fencing did not really assume a risk like you would think, because they were assured that fence could weather anything coming through it.”
Morgan said that three fans have already signed on to sue Daytona over the crash and that more people have scheduled meetings. A representative for the Speedway, however, said that they have not received any legal notices about a lawsuit.