On track incidents criminalized??

[SST55]

Unreal. But I seem to recall language in the license application that "auto racing is inherently dangerous with the risk of serious injury or even death" or words to that effect.

http://autoracingsport.com/nascar-d...gsport+(AutoRacingSport.com+NASCAR+News+Feed)

Oh, and that the track, Na$car, officials, promoters etc,etc are to be held harmless,,,,,

 

[mike honcho]

It doesn't matter anymore.You put enough money behind it you can sue anybody,for anything,at any time.

 

[buckaroo]

It doesn't matter anymore.You put enough money behind it you can sue anybody,for anything,at any time.

You can sue just about anyone at Bowman Gray Stadium and get about nothing. Most of those cars and drivers are hobbyists and don't have a heck of a lot except their cars.

 

[ted@economy]

I don't think that police are out of the question at all.It has already made an appearance in hockey.Does anyone think that because you are in a Nascar uniform or a hockey uniform,you can commit a crime with immunity? Could you rob a bank? Could you attack a woman? Could you intentionally hurt someone?It just takes a Federal or State politician to say "That's going too far." and the judicial system has to "look into it". Then the door is open.It will happen ,sooner or later. Track owners,Nascar officials,and team owners will be forced to throw a driver under the bus to save the sport.I think I recall some justice officials poking around when Dale Sr lost his life.The world was a different place then.Look at the disclaimer on the back of your airline ticket,aren't you still going to sue?

 

[SpeedPagan]

You can sue just about anyone at Bowman Gray Stadium and get about nothing. Most of those cars and drivers are hobbyists and don't have a heck of a lot except their cars.

Ahh, I didn't realize that, I thought most drivers at Bowman's are more than just weekend drivers.

 

[buckaroo]

Ahh, I didn't realize that, I thought most drivers at Bowman's are more than just weekend drivers.

Nope. Probably the richest one there is Junior Miller and he didn't make his money from racing. Even the guys who run the tour mostly are either doing so to try and move up, or doing it for a hobby. However, there are some who are involved in racing in one way or another for their living.

What you see on Madhouse is only a fraction of the racing at the stadium. There are three other classes that run there and they make up the majority of cars and drivers. The mods have been having a hard time keeping the count up and on many nights only 14 or 15 cars take the to the track. The tour does much better, but there are only about eight races in the NASCAR sanctioned tour for the southern boys.

 

[Tennessee Racing]

It doesn't matter anymore.You put enough money behind it you can sue anybody,for anything,at any time.

If you can sue McDonalds for getting burnt by coffee when it says "Warning contents are hot"........then yes you can sue for anything.

 

[SpeedPagan]

If you can sue McDonalds for getting burnt by coffee when it says "Warning contents are hot"........then yes you can sue for anything.

You can sue, but that doesn't mean you'll win.

 

[SlowNeasy]

this is much ado about nothing. carl's mistake in the first place was admitting he did it on purpose. don't do that stupid. it was an accident. your car got loose. <g> traditionally the courts have been reluctant to file criminal cases in any sport. it has to be so flagrant and intended to cause bodily harm that i just can't see it ever happening in any professional auto racing event. while we as fans may intensely dislike some drivers i doubt anyone seriously believes a driver has ever meant to harm (within reason) another driver. sure it could happen, but it won't. not at a pro level anyway.

 

[Magicmiler]

You can sue, but that doesn't mean you'll win.

Lindsay Lohan,$100 million. That will be laughed out of court faster than her!!!

 

[MRM]

No one wants to accept responsibility for their own actions, they want to blame someone else for it.

 

[mike honcho]

No one wants to accept responsibility for their own actions, they want to blame someone else for it.

 

[SST55]

Na$car has armies of Philadelphia lawyers. No way is a racer ever going to win against them. I also seem to remember a "hold harmless" clause in the applications.

 

[HoneyBadger]

Hmm.... I've always had to sign my life away whenever I've gotten garage passes or media passes to a race.

 

[buckaroo]

Na$car has armies of Philadelphia lawyers. No way is a racer ever going to win against them. I also seem to remember a "hold harmless" clause in the applications.

As you might agree, Andy tells me that legally, in his opinion, the rules pretty much say that NASCAR actually owns the cars when the owners sign the contracts. Of course that is only a legality. However, I'm not sure that would hold up in court. Also, NASCAR mandates that tracks that hold NASCAR sanction races have I believe he said a $50 million dollar liability insurance.

As a side note on this, for those who remember, when Ayrton Senna died, Italy charged the Williams team with manslaughter but after a long trial, lost their case. Of course, that wasn't in retaliation on the track, but it shows how far people will take an issue on the track.

 

[Tennessee Racing]

Lindsay Lohan,$100 million. That will be laughed out of court faster than her!!!

I would like to tell you guys what I think of her but those words wouldn't be allowed.

It's clear she's desperate for attention, that's all this is about.....

 

[ted@economy]

You folks are talking about private lawsuits,where the big money usually wins.I was talking about a sitution where the state attorney general brings criminal charges of say.. manslaughter.The government would be using our tax money to prosecute the case and that never runs out.

 

[SST55]

As you might agree, Andy tells me that legally, in his opinion, the rules pretty much say that NASCAR actually owns the cars when the owners sign the contracts. Of course that is only a legality.

IIRC Na$car doesn't "own" any cars per se but the owner agrees when he signs the application that Na$car can remove and take possession of any part found illegal (in their eyes), the complete car and/or engine for a R & D evaluation and to check for legallity. Also for Na$car's own promotional purposes, like the Daytona 500 winners car that goes on display.

I don't see how any driver could be criminally prosecuted for a on track incident. Andy is right, not only do you sign your life away getting a license but everyweek at the track when you sign in.

A fan in the stands getting injured or worse is a completely different story.
Most tickets to motor sports events have some sort of disclosure that the fan assumes responsibility, read the back of your ticket. But from what I've heard Na$car does step up and pay all medical expenses for the fan injured.

 

[Whizzer]

If you can sue McDonalds for getting burnt by coffee when it says "Warning contents are hot"........then yes you can sue for anything.

It is easy to understand how exasperated people must feel to hear about a lawsuit they might think is frivolous. I know I did when I first heard about this, but here is a little information on this case.

The female in the incident was 79 years old. She was in the car with her grandson and bought the coffee at the drive-in window. Her grandson stopped so she could remove the lid and put in the milk and sugar but in removing the top, the coffee spilled and she suffered third degree burns over 6 percent of her body. Just to make clear how serious third degree burns are, a third degree burn destroys the skin surface and subcutaneous tissue (second layer), leaving scarring and requiring skin grafts. Third degree burn areas affected were genital and anal openings, buttocks, groin and ******. The females who read this are already squirming in their seats and men, just imagine your anal opening, testicles and ***** burned so badly they required skin grafts and possibly scarred. That lady was hospitalized for eight days and underwent several skin grafts.

The victim tried to settle her claim for $20,000.00 but McDonald's attitude was, "go ahead, honey, take it to court."

When her attorney began discovery, they found between 1982 and 1992, the incident took place in 1992, more than 700 claims had been filed against McDonald's by people who had been burned by their super heated coffee.

Most coffee is sold at temperatures ranging from 135 to 140 degrees because it is commonly known, food and liquid in excess of 140 degrees causes severe burns.

McDonald's required their coffee be sold at temperatures in excess of 180 but less than 190 degrees.
And that is why McDonald's was negligent in serving coffee they knew was dangerous.

Just providing a few details. After I heard the details of this legal action, I changed my thoughts of the law suit from it being frivolous to deciding the law suit was something McDonald's should have been sued over.
The final settlement was $640,000.00.
Sorry to get off topic but I just couldn't help myself.