I'm surprised it took this long...

#28
#28
It would never even get to a jury because no lawyer would have any room to stand on because they make it very clear.

Thanks for playing.

Next...
It won't make it to a jury because Nascar will settle. It would be a PR nightmare if they try to fight it out in court.
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#31
#31
It won't make it to a jury because Nascar will settle. It would be a PR nightmare if they try to fight it out in court.
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That changes nothing about anything I said in this thread. It's funny you're admitting they'd settle because it'd be a PR nightmare and not because they feel they were at fault.
 
#34
#34
I agree. Good thing this one isn't frivolous.

It's borderline.

The standard always is whether the person/entity took reasonable steps and acted in a prudent manner. I struggle to see what else NASCAR could have done unless you want to argue that all lower level seating is irresponsible. In the end, it all comes down to how safe you can ever be within feet of cars moving 200 mph.
 
#36
#36
I will put a note in my diary that we have agreed on something.





Also, I love the feigned outrage by folks here. If you were in a hospital bed and a lawyer tells you that you have a good shot at getting millions for your injury, I would love to see you all say no.

I agree, 99% would say yes. I just think that you should give NASCAR a chance to make it right before you have a lawyer ready to jump the gun with a lawsuit. We all know that NASCAR will be offering some kind of compensation.
 
#37
#37
I agree, 99% would say yes. I just think that you should give NASCAR a chance to make it right before you have a lawyer ready to jump the gun with a lawsuit. We all know that NASCAR will be offering some kind of compensation.

Tickets to next year's race... in the upper deck.
 
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#39
#39
Guy wasn't even in his seat, admits he wasn't paying attention until the crowd cheered, and then when he looked back towards the field a ball dotted him in the face.

There is no way he is going to win this lawsuit.

I love that Idaho Supreme Court basically said even though the courts have accepted the rule, "they" aren't compelled to follow it. What a bunch of garbage.
 
#41
#41
That changes nothing about anything I said in this thread. It's funny you're admitting they'd settle because it'd be a PR nightmare and not because they feel they were at fault.

I would hope they'd settle because it's the right thing to do.
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#42
#42
I agree. Good thing this one isn't frivolous.

It kind of is frivolous because by entering the track I assume they waived their right to any claim to damages for being injured during the course of the race. I've never been to Daytona, but I've been to MANY Bristol races and save all my tickets. Every single one of them, in bold, on the back of the ticket says, "Bristol Motor Speedway regrets that its efforts as to spectator safety do not eliminate risk of injury to spectators. Debris from an accident may enter the seating area resulting in serious injury and/or death. Your participation in this racing event and all related activities as a spectator is at your own risk." I would be shocked if the tickets at Daytona didn't possess a similar or identical disclaimer.

Daytona may well settle with them just to avoid the bad PR from a lawsuit. At least paying their medical bills would seem like the decent thing to do. However, I feel like these people knew there was risk involved in sitting that close to the track, and lawyering up and seeking to profit from their injury is nothing more than an attempt at a cash grab.
 
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#43
#43
It kind of is frivolous because by entering the track I assume they waived their right to any claim to damages for being injured during the course of the race. I've never been to Daytona, but I've been to MANY Bristol races and save all my tickets. Every single one of them, in bold, on the back of the ticket says, "Bristol Motor Speedway regrets that its efforts as to spectator safety do not eliminate risk of injury to spectators. Debris from an accident may enter the seating area resulting in serious injury and/or death. Your participation in this racing event and all related activities as a spectator is at your own risk." I would be shocked if the tickets at Daytona didn't possess a similar or identical disclaimer.

Daytona may well settle with them just to avoid the bad PR from a lawsuit. At least paying their medical bills would seem like the decent thing to do. However, I feel like these people knew there was risk involved in sitting that close to the track, and lawyering up and seeking to profit from their injury is nothing more than an attempt at a cash grab.

You're being much to rational.
 
#44
#44
It kind of is frivolous because by entering the track I assume they waived their right to any claim to damages for being injured during the course of the race. I've never been to Daytona, but I've been to MANY Bristol races and save all my tickets. Every single one of them, in bold, on the back of the ticket says, "Bristol Motor Speedway regrets that its efforts as to spectator safety do not eliminate risk of injury to spectators. Debris from an accident may enter the seating area resulting in serious injury and/or death. Your participation in this racing event and all related activities as a spectator is at your own risk." I would be shocked if the tickets at Daytona didn't possess a similar or identical disclaimer.

Daytona may well settle with them just to avoid the bad PR from a lawsuit. At least paying their medical bills would seem like the decent thing to do. However, I feel like these people knew there was risk involved in sitting that close to the track, and lawyering up and seeking to profit from their injury is nothing more than an attempt at a cash grab.
I despise this term.
 

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