I don't think they came to the track with the intent of suing NASCAR......... fact is, this incident happened. The safety equipment did not do it's job.
"stay at home leaving more good seats for the diehards"
Look at the attendance numbers, they aren't selling those seats. There's a reason tickets for those those lower section seats are sold at half price.
The tracks should just tear down the lower section grandstands at every track. They won't do that though. Fact is, they go out of their way to sell those seats and get them full so it looks good on TV.