At least three NASCAR fans have decided to sue the Daytona International Speedway over a crash that occurred last weekend, injuring 30 people.
The three injured fans have contacted the personal injury law firm Morgan and Morgan about a lawsuit according to Beyond the Flag. John Morgan, the firm's founder, stated that four others have made appointments to meet about the legal options, though he couldn't confirm if there would be more lawsuits.
Morgan also stated in the interview that the main focus of the lawsuit will deal with the "assumption of risk." The fans at Daytona Speedway had no reason to believe they were at risk as they believed they were safe behind a protective fence.
Morgan compared situation to basketball and how people who sit at courtside need to consider that there is some risk of being harmed since there is no barrier between them and the players on the court.
"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," said Morgan according to the Daytona Beach News Journal. "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."
A representative for Daytona Speedway said they have not received any legal notices about a lawsuit yet.
Race winner Tony Stewart and Scott Lagasse Jr. have taken time out of their schedules to visit the ailing fans in the hospital. Rick Hendrick also announced this week that he would try helping NASCAR and the Raceway to develop a new safety policy for their fencing.
"I'm just hoping everyone is OK," reigning Spring Cup Champion Brad Keselowski said according to Fox 31. "As drivers, we assume the risk. But fans do not."
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