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Many auto racing fans attend NASCAR and other auto racing events. The sport is inherently dangerous causing many, including drivers, crew members, and officials to be injured or killed. 

Spectators often enjoy the thrill of motors revving up and the speed. Sometimes, however, even innocent bystanders and patrons can be impacted by wrecks on the track when they happen too close to the viewing stands. In February 2017 there were three spectators injured at the World of Outlaws race at the Volusia Speedway Park in Florida. The injured included a crew chief for Motorsports who was standing in the pit area when a car flipped after contact with another sprint car. The car went through the catch fence in turn 2 and into a bystander’s area, according to USA Today. 

Race Pro Weekly reported that the management of Volusia Speedway Park stated that no race car had ever before compromised a catch fence at the speedway. It further said that the safety arrangement at turns 1 and 2 includes an earthen reinforced steel guardrail on the racing surface, a buffer area and a cable reinforced steel catch fence. The catch fence protecting the exit at turn 2 uses a different configuration than what is used around the balance of the facility. 

Because some sporting events can be dangerous for fans, many events post warnings on their tickets. However, when someone is injured or killed who can be held liable? Are warnings enough to shield owners and teams against being sued? 

Regardless of ticket warnings, the injured party, or parties, can seek compensation. Liability in such cases must be established by the injured party in order to be compensated for damages which could include medical bills, lost wages and more. 

To establish liability the following must be considered: 

• Breach in the duty of care: There is a legal obligation to ensure spectator safety. Spectators have a reasonable expectation that the arena or venue will be maintained properly, and hazards must be either eliminated or reduced. 

• Acts of negligence: A spectator’s injuries must be connected to a breach in the duty of care, not spectator reckless behavior. For example, if it were proven that there were instances of spectators falling in a given area which did not have safety rails or a properly installed fence, the speedway employees or management could be considered negligent. 

Florida Premise Liability and Negligence 

In order to be found guilty of violated premise liability and negligence laws in Florida, the following must be proven: 

• The owner of the property has to be proven negligent for the cause of your injury.
• You must prove that you were injured.
• You must prove that the injury resulted from the property owner's negligence. 

Florida’s premises liability law governs injuries that occur in any public place, not just speedways. Owners found guilty are responsible for paying damages which may include medical costs and lost wages. Should a person contribute to his or her own injury in Florida then pure comparative negligence applies. 

There are about thirteen states that follow comparative negligence rules. Florida’s comparative negligence is determined by a judge or jury. A percentage of fault is assigned to each party. The injured party is compensated based on his/her percentage, according to Florida statutes. 

“Millions of fans attend public events every year with no problem. However, it takes only one catastrophic event to remind us of the danger. If you or a loved one is injured at a public event, contact Spivey Law Firm, Personal Injury Attorneys, P.A.,” said Fort Myers Personal Injury Lawyer, Randall Spivey. 

Fort Myers Personal Injury Lawyer, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.