Daniel S. Kirschner Speaks about Daytona Race Car Crash Legal Fallout to National MediaFebruary 2013
Corboy & Demetrio partner, Daniel S. Kirschner, appeared in a story by Reuters newswire service in a about potential legal fallout after the race car crash at Daytona Speedway over the weekend. The crash injured 30 spectators, raising the question of whether the race track could be liable for those injuries.
You can read the Reuters News Service story with Dan Kirschner’s interview here. In addition, Dan shares these thoughts on potential liability.
“NASCAR spends countless millions of dollars marketing itself as an enjoyable, family-friendly venue for entertainment,” according the Kirschner. “As a result,” Kirschner adds, “the collective consciousness of NASCAR consumers is that speedways such as Daytona take all necessary steps to assure that the only risk of injury from a crash is to those people on the track.”
“Instead,” Kirschner suggests, “what the investigation will likely show is a gaping failure of track safety features, such as cyclone fencing and tension cables, which were intended to withstand predictable events as this crash. This issue here is not finding blame for the cause of the crash, but rather forcing Daytona Speedway and NASCAR to answer tough questions about the preventability of the ensuing tragedy and why they so dismally failed to adequately protect their fans.”
“Corporations are willing to spend whatever it takes to avoid liability and deny compensation to the many faultless victims,” Kirschner explains, “including asserting so-called ‘buyer beware’ and ‘assumption of risk’ defenses.”
“Therefore,” Kirschner warns, “it is important that the victims and retain an experienced personal injury attorney to fight for their rights and prevent further injustice.”