Latest Blogs

"Going to sporting events is an activity many of us enjoy; however, there are times when attending these events may come with spectator injuries. We at Spivey Law Firm, Personal Injury Attorneys, P.A. feel it is important to address this issue," said Fort Myers Attorney Randall Spivey.

Austin Dillon's crash during the July 5, 2015 Coke Zero 400 NASCAR Sprint Cup Series is a wake-up call for spectator safety improvements. Debris from his car which crashed into the catchfence at the Daytona International Speedway sent one spectator to the hospital and left 12 others with less severe injuries, according to Joie Chitwood, the Daytona President. USA Today reported that Austin's crash has drawn criticism of NASCAR's restrictor-plate races which are held at the largest superspeedways, Daytona and Talladega Superspeedway in Alabama. In restrictor-plate races, racecar speeds are governed, which forces drivers to race close together in large packs.

WFTV in Orlando reported on July 5 that this was the second time in two years that fans sitting in the grandstands in Daytona were injured by flying debris from racecars. Four racecar drivers have somersaulted through the air into the catchfence in the last six years. All of these four crashes came on the final lap of a restrictor-plate race at either Daytona or Talladega Superspeedway. The racecars involved all disintegrated into small pieces, spraying  shrapnel across the front grandstands and injuring fans, says WFTV.

An on-line sports media news service, SBNation, owned by Vox Media reported, "Cars going airborne is NASCAR's pervasive problem." Jordan Bianchi of SBNation reports that:

• In 2009, a 17-year-old high school senior was struck by debris which broke her lower jawbone when NASCAR driver, Carl Edwards, crashed into the catchfence at Talladega. The teenager had to undergo multiple surgeries before making a full recovery.
• In 2012, two fans were injured, with one going to the hospital, when Joey Coulter ripped apart the fence during the Camping World Truck Series race at Daytona.
• In 2013, 28 fans were injured when Kyle Larson was involved in a similar accident to Austin Dillon's during the February Xfinity Series at Daytona. Medical attention was needed by 14 of the 28 injured at off-site facilities.

What has been done to improve safety for spectators?

NASCAR safety improvements have mostly come retroactively as the result of tragic consequences, and these improvements have been for driver safety. NASCAR.com reported in 2011 that five-point safety harnesses, fuel cells, on-board fire extinguishers, purpose-built racing seats, soft-wall technology and head and neck restraints (HANS) were all solutions which were exposed by the racing conditions. The media reports that NASCAR has done little to improve spectator safety.

Do sports venues have any liability if someone is seriously injured?

Spectators may rightly assume they are safe at sporting events or that the owner/operators are ensuring their safety. They may feel that these owner/operators will take responsibility if they are injured. However, this is not necessarily the case. Many large venues are aware of the risks to visitors and may have printed disclaimers on tickets. These disclaimer statements say that when a potential spectator purchases a ticket they waive legal responsibility for the venue and understand the risk they are personally undertaking.

Even though ticket disclaimers along with preventive measures such as catchfences may seem to protect owner/operators, they may not. There are exceptions. If an injured spectator can prove that the owner/operators of the sports stadium or entertainment venue did not take adequate measures to keep them safe, they may be entitled to compensation in a personal injury case.

"Knowing whether you are entitled to compensation can only be determined by an experienced attorney. If you or a loved one has been injured at a sporting event, contact Spivey Law Firm, Personal Injury Attorneys, P.A. for a free consultation," said Fort Myers Personal Injury Attorney, Randall Spivey.

Fort Myers Vehicle Accident Attorney, 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.