Corboy & Demetrio partner, Daniel S. Kirschner, was quoted today by Reuters in a national story weighing the pending legal fallout of the recent crash at Daytona Speedway.
The fiery incident, which seriously injured numerous spectators, has thrust to the forefront of national discussion the safety of race track facilities around the country.
“NASCAR spends countless millions of dollars marketing itself as an enjoyable, family-friendly venue for entertainment,” according the Kirschner. “As a result,” Kirschner added, “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 suggested, “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 unnecessary 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 explained, “including asserting so-called ‘buyer beware’ and ‘assumption of risk’ defenses.”
“Therefore,” Kirschner warned, “it is important that the victims retain an experienced personal injury attorney to fight for their rights and help prevent similar events in the future.”
You can read the Reuters News Service story with Dan’s interview here.