Can NASCAR Avoid Lawsuits After Crash Injures Fans?

Chris Demorro
February 27, 2013

On Saturday afternoon, NASCAR driver Regan Smith attempted to block a competitor’s passing maneuver, setting off a chain-reaction accident that saw dirt track stand out, Kyle Larson’s car sent airborne into the spectator stands. 30 or so spectators were injured, two critically, in the ensuing accident, which has lawyers and the injured pondering litigation.

Kyle Larson. Image Credit: {link=https://onlineathens.com/sports/2013-02-18/kyle-larson-poised-nascar-stardom} OnlineAthens.com{/link}

But as Yahoo! News points out, the fine print on their tickets may absolve NASCAR and the racers of any liability. But there is always fine print to the fine print, and NASCAR might still be in trouble.

At the bottom of every NASCAR race ticket is a disclaimer essentially excusing NASCAR from any and all injuries experienced during an event. The lanaguage basically states that racing is an inherently dangerous event, and that by buying a ticket, the spectator assumes liability for their injuries. Seems pretty cut and dry if you ask us, but as always there is a catch.

If it can be proved that NASCAR was somehow negligent, and knew spectators could be injured but did nothing anyways, then they could still be open to lawsuits. For example, if lawyers can show that NASCAR failed to put up strong-enough fencing, and knew it might be a problem, those lawyers can claim NASCAR is negligibly responsible for injuries to the plaintiffs.

We pose this question to you, our readers; how responsible should NASCAR be in this case? We do live in litigious times, after all, and companies can’t be sued for everything…but could NASCAR do more to protect its fans? Tell us in the comments below.