NASCAR Lawsuit

The Nature Boy said:
Could NASCAR had reasonably foreseen that someone would be struck by lightning? If so, then they're screwed.

When you hold an event, YOU are responsible for the safety of your guests. You ALWAYS assume liability when you knowingly let someone onto your property.
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With the exception of what they call an act of god which lightning is definitely one of them. It's spelled out in insurance policies and on tickets at most events.
 
Johali said:
With the exception of what they call an act of god which lightning is definitely one of them. It's spelled out in insurance policies and on tickets at most events.
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An act of God has be something unforeseeable though. I've seen a judge nail a lawyer on a claim that something is an "act of god" simply because it occurred in nature. You still owe a duty to your guests to protect them as much as reasonably possible.
 
BobbyFord said:
So.................can Fontana fans sue NASCAR because nobody told them to apply sunblock to avoid overexposure?
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No. NASCAR races are normally run on sunny days, not during thunderstorms. There's an implied acceptance of the risk of sunburn when you go to a NASCAR race.

I think NASCAR loses this one guys.
 
"It's too dangerous to sit in those stands, but we're not stopping the race".

What a crappy host.

Then there's the issue of not having spent the money to properly communicate an emergency to the 100,000 fans you sold tickets to. :rolleyes:
 
The Nature Boy said:
An act of God has be something unforeseeable though. I've seen a judge nail a lawyer on a claim that something is an "act of god" simply because it occurred in nature. You still owe a duty to your guests to protect them as much as reasonably possible.
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If you truly believe that I am responsible for and owe a duty to protect my guests against any and all things then you just got crossed off of my guest list. I only invite responsible adults to my functions. We've all seen judges and attorney's do incredibly stupid things so that's not a viable guideline. Whether they win or lose, and I'm sure they'll settle for something, I still think that in a situation like that I'm responsible for my own safety.
 
Johali said:
If you truly believe that I am responsible for and owe a duty to protect my guests against any and all things then you just got crossed off of my guest list. I only invite responsible adults to my functions. We've all seen judges and attorney's do incredibly stupid things so that's not a viable guideline. Whether they win or lose, and I'm sure they'll settle for something, I still think that in a situation like that I'm responsible for my own safety.
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As a personal matter, I don't believe it. But I'm not a judge so my opinion is worthless in the court of law.

And you don't have a duty to protect your guests in ALL matters. Obviously if you've taken precautions, you're good. If NASCAR had stopped the race in plenty of time for someone to get out of harm's way and someone STILL got hit by lightning then NASCAR has no liability because they did what they needed to do to eliminate the danger. For example, if you come into my house, turn on the stove and burn yourself then I'm not liable because you did that yourself. However, if you come into my house and die of a carbon monoxide leak that I could've known about then your estate can sue my pants off.
 
Johali said:
With the exception of what they call an act of god which lightning is definitely one of them. It's spelled out in insurance policies and on tickets at most events.
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Im no historian but Im pretty sure we have known that lightening isnt caused by the gods for hundreds of years... :D

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